By Bill Bransford
Q & A Session – Veterans Preference for Promotion
August 19th, 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 am a current permanent federal employee under FERS, and I am also a disabled veteran. I have applied for a higher position within my current department. Am I still eligible to receive a 10 point veterans preference for the new position?
A:
Veterans preference applies to initial appointment and reductions-in-force. It does not apply to internal promotions. Veterans preference may apply to a prevent a non-veteran from being hired ahead of you for a position for which you are qualified if the vacancy announcement and hiring authority used seeks outside candidates.
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.
Q & A Session – Denial of Promotion
August 9th, 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 am a GS-9 and I was denied a promotion to a GS-11. However, how much of the GS-11 position description do I need to be performing to demonstrate I am working at the next level?
A:
To receive a career ladder promotion, you must demonstrate the ability to perform at the next higher level. If you are believe you are the victim of illegal discrimination, you of course may file an EEO complaint.
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: EEO complaint, promotion, promotion denial
Q & A Session – NSPS to GS Conversion Promotion Opportunities
August 9th, 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:
Prior to the conversion to NSPS, I was a GS-12 and during my time as an NSPS employee I was grade YC-02. However, when I was converted back to GS I was returned to my prior GS-12 grade but my pay had reached GS-14, step 4. What grades am I eligible to apply for?
A:
The answer to this question depends on what the vacancy announcement requires and the level of experience you have had. If you have only had experience at the GS-12 level, and the vacancy announcement for a GS-13 requires GS-12 experience, you may apply. If a GS-14 requires GS-13 experience, you may not apply.
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: GS, NSPS, NSPS conversion, promotion
Q & A Session – Promotion While Under an EEO Investigation
March 15th, 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 a person be promoted while under an EEO investigation? I was under the impression that an individual named in a formal complaint cannot be promoted until the final decision is released.
A:
There is a presumption of innocence that applies in law and has become a part of our general culture. Just because an EEO complaint has been filed, that does not mean discrimination has occurred. Also, in any given year only about 3 percent of filed EEO complaints result in a finding of discrimination. This is another good reason why there should not be a rule banning promotions of the accused of discrimination just because an EEO complaint has been field. On the other hand, an agency has discretion to look behind the allegations in an EEO complaint and to bring appropriate disciplinary or performance action against an offending supervisor.
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: EEO complaint, EEO investigation, promotion
Q & A Session – Denial of Career Ladder Promotion
February 8th, 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 have been working for the government for over 15 years and was looking to be promoted this year. I was told I qualify for a GS-11 position and have had all good performance ratings, with no documentation of any issues. However, I was told I would not get a promotion, since I did not work on a project. Can this be a reason to deny my promotion?
A:
Career ladder promotions have the reputation and expectation by many employees that they are automatic. The actual truth is that a career ladder promotion occurs when the employee demonstrates the ability to perform at the next higher level. If denial of a career ladder promotion is for an illegal reason, such as discrimination or whistleblower reprisal, there are processes that can be used to challenge the denial, but the unpromoted employee has the burden of proving the illegal motivation.
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: administrative grievance, MSPB, promotion
Q & A Session – Contractor to Federal Employee
November 9th, 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 have worked as a contractor for over nine years with 30 other contract employees. Recently three contract employees were made federal employees, but the rest of us were still contractors. Is it legal for the government to promote only certain employees? How does the government choose which jobs become federal positions?
A:
This question cannot be answered fully without knowing the hiring authority under which the other individuals became civil servants. The short answer is that some valid hiring authority needs to be used and there should be some element of competition with it. If the rules are followed there is little that can be done except for an EEO complaint of discrimination.
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: contractor, EEO, hiring authority, promotion
Q&A Session – PIPs and Promotions
October 15th, 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:
- What is the difference between a PIP (Performance Improvement Plan) that is designed to help an employee succeed and a PIP that was merely put in place as a necessary step in the termination of an employee?
- If an employee was hired into a career ladder position and receives satisfactory annual performance evaluations but right before the 52 weeks are up, receives two quarterly performance appraisals with two “LTE’s” (Less that Expectation) in critical elements back to back and after the dates the evaluations were due, is management permitted to deny the promotion to the full performance grade of the career ladder position if the “LTE’s” do not contain sufficient information to warrant the “LTE’s”?
- If an employee is placed on a PIP and performs exceptionally well for the full 90 day period and is also notified by the Supervisor who placed the employee on the PIP that this employee passed with flying colors, is the Supervisor then permitted to issue a quarterly evaluation with the same two critical elements rated as LTE’s that the quarterly evaluation prior to the PIP contained and then subsequently use this as a basis to withhold the career ladder promotion?
- Is management permitted to ignore a grievance response deadline without asking for an extension to respond once it gets to the third level? What are the repercussions if management elects to not respond to a grievance submitted by the Bargaining Union on behalf of the employee?
A:
The following responses correspond to the questions in the order presented above.
1. The difference between a PIP designed to help the employee succeed versus a PIP used as a step toward termination in the scenario provided above is the proper versus improper use of a PIP. An improperly used PIP (if that fact can be proved) may form the basis for an employee to challenge an adverse action decision at the MSPB.
2. Career ladder promotions are discretionary. A manager makes a decision on whether to promote an employee based on the employee’s demonstrated ability to perform at the next higher level.
3. Yes. See previous response.
4. The answer to this question is determined by the terms of the collective bargaining agreement. In many labor contracts, the union or a grievant is permitted to move to the next level of the grievance procedure or to arbitration if a deadline is missed. Check your collective bargaining agreement.
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.