By Bill Bransford
Q & A Session – Illegal Pay Grade Increases and Hiring Spouses
July 7th, 2011 | Uncategorized
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:
Recently, a number of federal employees in my organization had their positions upgraded without advertising for their jobs and some even received large pay increases. Others were able to get their spouses hired, with one going through a direct hire without advertising the position. Do these actions violate any merit principles or federal employment laws? If they are illegal, who do I report it to?
A:
You have described actions that could be illegal favoritism or nepotism, both of which are prohibited personnel practices. Inspector Generals and the U.S. Office of Special Counsel investigate prohibited personnel practices. Whether the actions you describe are actually illegal depends on additional facts to be developed.
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.
Tags: direct hire, General Schedule, pay grade, prohibited personnel practice
Q & A Session – Challenging a Downgrade
June 7th, 2011 | Uncategorized
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.
Tags: desk audit, FOIA, General Schedule
Q & A Session – NSPS Conversion to Lower Grade
June 6th, 2011 | Uncategorized
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 was formerly a GS-13 and then served under NSPS. However, I have converted back to the General Schedule retaining the same job and duties, but am now a GS-12. Is this correct? What are my options?
A:
According to 5 C.F.R. § 9901.372(d)(1)(v), “an employee’s virtual GS grade may not be less than the permanently assigned GS grade the employee held upon conversion into NSPS (for an employee who was converted as described in § 9901.371), unless, since that time, the employee has undergone: (A) A voluntary reduction in band or reduction in base salary; (B) An involuntary reduction in band or reduction in base salary based on unacceptable performance and/or conduct; or (C) A reduction in band based on a reduction in force (RIF) or classification action.”
I believe this language leads many converting employees to believe that their GS grade cannot be lower than the GS grade they held when converting into the NSPS. However, this virtual GS grade is not directly used in determining a new grade. Instead, it is a tool in determining your new GS salary (accounting for locality pay, specialty pay and related payments).
The legal question here is whether or not you earn at least as much as you did under the NSPS. If your total GS-12 pay (including pay retention, if you receive it) is in line with your YD-02 pay, then you may have been transitioning properly.
Unfortunately your prior grade is not necessarily retained. As 5 C.F.R. § 9901.372 (b)(ii) explains, “grade retention is not applicable to NSPS employees who convert or move to a GS position.” Instead, it is your pay that is protected.
If you are not satisfied with your grade and step, you may request a desk audit. A desk audit will review your duties as well as the complexities and expectations of your job to see if you should be placed in a different grade. You should be aware, however, that desk audits tend to scrutinize and can even result in a reduced grade. They do not usually result in a grade increase.
You may also attempt to transfer to a new position in the federal government. Your prior experience as a GS-13 might make you a desirable candidate for related positions grade as GS-13 or even higher.
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.
Tags: General Schedule, grade reduction, NSPS
Q & A Session – Supervisory Levels
May 18th, 2011 | Uncategorized
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:
Can any GS lower grade level supervise a GS-12 supervisor? Where, in OPM regulations, does it say non-supervisory personnel can supervise a supervisor?
A:
I don’t know the specific situation well enough to comment specifically. However, there is nothing in OPM regulations that prohibits an agency from temporarily designating someone in a nonsupervisory position as a supervisor. I have also seen rare situations where a lower graded employee is designated as the supervisor of higher graded employees. While not preferred or ordinary, what matters most is the designation of supervisory authority by higher up.
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.
Tags: General Schedule, grade levels, supervision, supervisor
Q & A Session – Retaining Former GS Pay Grade if Rehired
April 18th, 2011 | Uncategorized
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 was terminated from federal employment a few years ago but am currently working for a company under government contract. My current position is about to be reclassified into a government position under the GS schedule. If I am hired for the reclassified position, will I be able to retain my former GS grade and/or step?
A:
No. If a former government employee is rehired by the government, he or she would need to be hired at the GS grade and step for the newly classified position.
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.
Tags: General Schedule, pay grade
Q & A Session – Desk Audit for Higher Grade Level
February 28th, 2011 | Uncategorized
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.
Tags: desk audit, General Schedule, grade level
Q & A Session – Converted to Competitive Service from FCIP
February 7th, 2011 | Uncategorized
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 was hired under FCIP last June and I have been told I would increase two grades until I completed the program and one grade after completion of the program. However, with the transition of FCIP to competitive service, will I keep my GS grade progressions?
A:
My understanding is that current FCIP employees may continue their employment under the terms of their original appointment.
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.
Tags: FCIP, General Schedule, Grade Increase
Q & A Session – Qualified for GS-14 Position?
November 29th, 2010 | Uncategorized
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 was under NSPS and have been converted back to the General Schedule as a GS-12. I am receiving retained pay because under NSPS I was the equivalent of a GS-13. I would like to apply for a newly created GS-14 position. I have been certified as fully qualified, but want to know if there is a basis to appeal the decision?
A:
Your question is unclear.
Were you denied the position because you were found unqualified for the GS-14 because you lacked 52 weeks as the GS-13? If so, you have to convince the hiring authority that you did have the GS-13 experience under NSPS. That might be difficult to do, and your remedies are limited. You can file a grievance. If you can prove illegal discrimination EEO might work. If you can show a violation of the merit promotion plan, you might seek help from the U.S. Office of Special Counsel.
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.
Tags: General Schedule, NSPS, retained pay
Q & A Session – Base Pay Reduction
November 24th, 2010 | Uncategorized
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:
During the NSPS to GS conversion in June 2010, my base pay was reduced 10%. The reduction in base pay was not administrative or voluntary. Is this legal?
A:
If your base salary was reduced, you may have an MSPB appeal right. You might consider consulting an attorney or filing an MSPB appeal on your own to raise the issue. Non-probationary employees who have their base pay reduced are entitled to due process.
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.
Tags: Base Pay, General Schedule, MSPB appeal, NSPS, Reduction in Base Pay