Ask The Lawyer

By Debra Roth

Q & A Session – Performing Higher Job Responsibilities Than My 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 am a GS-9 employee. I am being asked to perform my job responsibilities along with performing the functions of a GS-11 position that is in a different job series. My GS-9 duties are being negatively impacted due to management’s expectation of me doing both jobs. When I bring it to their attention, they say that they are working on filling the position. But this has been going on for several months. What is my recourse?

A:

This is a frequently asked question. Essentially, management has the discretion to require you to perform both jobs, even the higher level one, simply by directing you to do so. Better management practice would be to limit the time or temporarily promote you. However, these actions are not required.

 

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 – 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 Classification and PDs

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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 have been working without performance standards and my position description, classification and grade does not accurately reflect what I do. OPM has advised that they cannot conduct a review of the agency’s classification program without first allowing the agency to address the issue. The agency has not taken any action. Do we have any recourse to address this issue?

A:

The complicated, arcane and outdated classification system does depend on accurate position descriptions (PD) and fair classification decisions based on those PDs. You can file a grievance over an inaccurate PD or request a desk audit. If you don’t get a desk audit, you can file a grievance over that. But, management may deny your grievance and there is little recourse to that denial (unless you are in a bargaining unit). By raising these issues, you increase the likelihood that management will pay attention to your concerns. Once you have an accurate PD, the classification appeal to OPM is your only and final recourse.

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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