Ask The Lawyer

By Debra Roth

Q & A Session – Accurate Position Description

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Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.

Q:

My position description was written back in 1999 and has never been updated, even though I have been given many more additional duties. I have addressed this to my various supervisors over the past 12 years but have always been told they would either look into it or ask me to write something up. I am not rated on my performance appraisal on the additional duties I have been given. Do I have any recourse? Internal complaints are ignored.

A:

You can ask for a desk audit. Be careful though. Sometimes a desk audit results in a reduction of grade level.

 

Bill Bransford is managing partner of Shaw Bransford & Roth PC.

Disclaimer: Ask a Lawyer publishes information on this website for informational purposes only. Information on this website is intended – but not promised, guaranteed, or warranted – to reflect correct, complete and current developments. In addition, the contents of the website do not constitute legal advice and do not necessarily reflect the opinions of the attorney. Information from this website is not intended to be used as a substitute for specific legal advice, nor should you consider it as such. You should not act, or refrain from acting, based on information on this website without seeking specific legal advice about your particular circumstances. No attorney-client relationship between you and Ask a Lawyer’s author is created by the transmission of information to or from this site.

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Q & A Session – Challenging a Downgrade

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Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.

Q:

After a desk audit at my agency, I was downgraded a GS grade but my pay was not affected. However, I have asked HR to furnish me with the findings that justified this change but have been ignored. How do I get the information I need to appeal or challenge this action?

A:

You can file a Freedom of Information Privacy Act request for the information. You might not receive information concerning other employees because of privacy rights, but you will receive information about yourself.

Bill Bransford is managing partner of Shaw, Bransford & Roth, PC.

Disclaimer: Ask a Lawyer publishes information on this website for informational purposes only. Information on this website is intended – but not promised, guaranteed, or warranted – to reflect correct, complete and current developments. In addition, the contents of the website do not constitute legal advice and do not necessarily reflect the opinions of the attorney. Information from this website is not intended to be used as a substitute for specific legal advice, nor should you consider it as such. You should not act, or refrain from acting, based on information on this website without seeking specific legal advice about your particular circumstances. No attorney-client relationship between you and Ask a Lawyer’s author is created by the transmission of information to or from this site.

 

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Q & A Session – Desk Audit for Higher Grade Level

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Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.

Q:

I work in HR and believe that my position could be a higher grade. The job requires me to do more and different types of work than what is usually required of the same position across the government. Would asking my supervisor for a desk audit help the chance of my GS level changing?

A:

The desk audit is not based on your abilities. It is based on the complexities and expectations of the job. Desk audits can help raise a grade level, but, as a rule, they tend to scrutinize the duties of a position and often do not result in a higher grade level. The possibility also exists that a desk audit could result in a lower grade level.

Bill Bransford is managing partner of Shaw, Bransford & Roth, PC.

Disclaimer: Ask a Lawyer publishes information on this website for informational purposes only. Information on this website is intended – but not promised, guaranteed, or warranted – to reflect correct, complete and current developments. In addition, the contents of the website do not constitute legal advice and do not necessarily reflect the opinions of the attorney. Information from this website is not intended to be used as a substitute for specific legal advice, nor should you consider it as such. You should not act, or refrain from acting, based on information on this website without seeking specific legal advice about your particular circumstances. No attorney-client relationship between you and Ask a Lawyer’s author is created by the transmission of information to or from this site.

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