Ask The Lawyer

By Debra Roth

Q & A Session – Qualified for GS-14 Position?

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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 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.

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