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Dawawows  
#1 Posted : Tuesday, October 22, 2019 2:49:59 PM(UTC)
Dawawows

Rank: Newbie

Groups: Registered
Joined: 10/22/2019(UTC)
Posts: 1
United States

I've been stuck as a GS-7 in a career ladder (7-9-11) since mid-September 2017 despite high remarks on evaluation forms by my supervisor (most recently I was evaluated as exceeding expectations). This has resulted in a huge financial loss to myself not to mention loss of TSP (and matching), etc. Time-in-grade is wildly incorrect. Inability to lateral/apply into higher level GS-positions given my initial hire date. These are missed opportunities that I will never get back during their respective postings and locations. Not to mention, an unnecessary extended probationary period.

-September 2017: Hired into career ladder position (7-9-11).

-November 2017: Audit performed on initial hire.

-July 2018: In-person meeting where I am informed I was illegally hired due to HR’s failure to administer administrative testing and an incorrect job posting availability (should have been government wide). Informed after I reapply, and if I'm rehired, that a variance request will be sent to OPM to fix time-in-grade, back pay, etc.

-September 2018: Year into job, still a GS-7. GS-9 no where in sight.

-October 2018: Rehired into same career ladder position (7-9-11).

-January 2019: HR states no variance request sent.

-April 2019: District leadership says variance sent to Bureau-Washington Office (expect return in 3-4 weeks).

-July 2019: Privacy Act Waiver sent to Senator’s Office – congressional inquiry into OPM. I was expecting, certainly by this point, OPM had it and they were just sitting on it.

-August 2019: OPM closes congressional inquiry stating they don’t investigate individual complaints.

-Early September 2019: I bring up filing a grievance and that I’m considering finding outside legal counsel to bureau state leadership.

-Early September 2019: Burearu state leadership contacts Bureau-Washington Office, we learn that my variance has been sitting in something called “the director’s que.” Bureau-Washington Office signs off on my document and sends the variance to Department.

-Early September 2019: Phone call with State Leadership and Employee and Labor Relations Specialist, come to a conclusion that since action is being taken to resolve this issue, a grievance would not be applicable.

-September 2019: 2 years into job, still a GS-7, GS-9 or GS-11 in sight.

-Mid September 2019: Bureau-Washington Office confirms “GS-11 status and back-pay, that will be determined once his request has been deliberated and decided upon. That is the purpose of sending this variance to the OPM.” Department has still not sent the variance to OPM.

-Late September 2019: Department sends variance to OPM.

-Early October 2019: OPM reviews the package but will return it to DOI stating “...The appointing authority by which you were hired incorrectly is not regulated by OPM. Therefore, OPM has no authority to vary the incorrect action.” Apparently no one throughout this entire process realized that I was hired under a title managed by my Department, not OPM.

-Early-Mid October 2019: Variance returned to Department. Department is reviewing the variance and I'm told we should have an answer by October 15, 2019.

-Mid October 2019: State leadership states that Bureau-Washington Office spoke with Department and is expecting letters October 21, 2019 (this is the "answer" that should have been given October 15).

-Mid-Late October 2019: Senator’s Office files congressional inquiry with Department.

-Mid-Late October 2019: I file Department OIG complaint.

I expect the wrongdoing/professional malpractice to continue. The individuals involved have no idea what to do with the variance paperwork. I believe this is thoroughly demonstrated by spending almost a year to get the paperwork to OPM, an agency with no authority over my variance. My local management wrote a letter of support. I'm afraid to ask for my 9 because I think these HR people will say that I don't get back pay for whatever reason (I don't want to give them any reasons) whenever the variance is finalized.

I have been a GS-7 for 25 months when there is no reason (again, local managers support me) that I would have not been promoted to a GS-11 by this point. This was completely because of an HR person messing up the original job posting and continued negligence by HR. Of course, I'm the only one left suffering any type of consequences.

Have you ever seen a situation like this? What would you do? Can I hire an attorney? Is being stupid and slow against the law? Thanks for reading. I find daily venting about this helpful for maintaining my sanity.
someoldguy  
#2 Posted : Tuesday, October 22, 2019 3:14:11 PM(UTC)
someoldguy

Rank: Senior Member

Groups: Registered
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Can you hire an attorney? Sure, why not? Can you fork over lots of money and see no results? Also quite possible. I've heard of HR screwups but this may be the winner.
DISCLAIMER: You read it on an open internet forum :)
mallen  
#3 Posted : Wednesday, October 30, 2019 12:36:09 AM(UTC)

Rank: Senior Member

Groups: Registered
Joined: 4/14/2009(UTC)
Posts: 660

Was thanked: 2 time(s) in 2 post(s)
Originally Posted by: Dawawows Go to Quoted Post
I've been stuck as a GS-7 in a career ladder (7-9-11) since mid-September 2017 despite high remarks on evaluation forms by my supervisor (most recently I was evaluated as exceeding expectations). This has resulted in a huge financial loss to myself not to mention loss of TSP (and matching), etc. Time-in-grade is wildly incorrect. Inability to lateral/apply into higher level GS-positions given my initial hire date. These are missed opportunities that I will never get back during their respective postings and locations. Not to mention, an unnecessary extended probationary period.

-September 2017: Hired into career ladder position (7-9-11).

-November 2017: Audit performed on initial hire.

-July 2018: In-person meeting where I am informed I was illegally hired due to HR’s failure to administer administrative testing and an incorrect job posting availability (should have been government wide). Informed after I reapply, and if I'm rehired, that a variance request will be sent to OPM to fix time-in-grade, back pay, etc.

-September 2018: Year into job, still a GS-7. GS-9 no where in sight.

-October 2018: Rehired into same career ladder position (7-9-11).

-January 2019: HR states no variance request sent.

-April 2019: District leadership says variance sent to Bureau-Washington Office (expect return in 3-4 weeks).

-July 2019: Privacy Act Waiver sent to Senator’s Office – congressional inquiry into OPM. I was expecting, certainly by this point, OPM had it and they were just sitting on it.

-August 2019: OPM closes congressional inquiry stating they don’t investigate individual complaints.

-Early September 2019: I bring up filing a grievance and that I’m considering finding outside legal counsel to bureau state leadership.

-Early September 2019: Burearu state leadership contacts Bureau-Washington Office, we learn that my variance has been sitting in something called “the director’s que.” Bureau-Washington Office signs off on my document and sends the variance to Department.

-Early September 2019: Phone call with State Leadership and Employee and Labor Relations Specialist, come to a conclusion that since action is being taken to resolve this issue, a grievance would not be applicable.

-September 2019: 2 years into job, still a GS-7, GS-9 or GS-11 in sight.

-Mid September 2019: Bureau-Washington Office confirms “GS-11 status and back-pay, that will be determined once his request has been deliberated and decided upon. That is the purpose of sending this variance to the OPM.” Department has still not sent the variance to OPM.

-Late September 2019: Department sends variance to OPM.

-Early October 2019: OPM reviews the package but will return it to DOI stating “...The appointing authority by which you were hired incorrectly is not regulated by OPM. Therefore, OPM has no authority to vary the incorrect action.” Apparently no one throughout this entire process realized that I was hired under a title managed by my Department, not OPM.

-Early-Mid October 2019: Variance returned to Department. Department is reviewing the variance and I'm told we should have an answer by October 15, 2019.

-Mid October 2019: State leadership states that Bureau-Washington Office spoke with Department and is expecting letters October 21, 2019 (this is the "answer" that should have been given October 15).

-Mid-Late October 2019: Senator’s Office files congressional inquiry with Department.

-Mid-Late October 2019: I file Department OIG complaint.

I expect the wrongdoing/professional malpractice to continue. The individuals involved have no idea what to do with the variance paperwork. I believe this is thoroughly demonstrated by spending almost a year to get the paperwork to OPM, an agency with no authority over my variance. My local management wrote a letter of support. I'm afraid to ask for my 9 because I think these HR people will say that I don't get back pay for whatever reason (I don't want to give them any reasons) whenever the variance is finalized.

I have been a GS-7 for 25 months when there is no reason (again, local managers support me) that I would have not been promoted to a GS-11 by this point. This was completely because of an HR person messing up the original job posting and continued negligence by HR. Of course, I'm the only one left suffering any type of consequences.

Have you ever seen a situation like this? What would you do? Can I hire an attorney? Is being stupid and slow against the law? Thanks for reading. I find daily venting about this helpful for maintaining my sanity.


Wow.Are you in a bargaining unit. If your not in the union, do the following. First say "Honestly, I never thought the union mattered, but I see why they are important now." (Whether you really believe that or not, say it in the mirror until it sounds believable) Then say it once more to your union rep and join the union. Then file a grievance.

Where I used to work, there were those who allways trash talked the union, then when they needed help, wondered why the union did the minimum necessary for them.
sup2nuts  
#4 Posted : Friday, November 8, 2019 5:25:32 AM(UTC)
sup2nuts

Rank: Member

Groups: Registered
Joined: 3/15/2013(UTC)
Posts: 26
Woman
United States

Thanks: 3 times
Was thanked: 1 time(s) in 1 post(s)
1. never threaten a grievance if you aren't willing to actually file it.
2. it's time to file it.
3. file an eeo as well.
4. which is probably what will work best since you've shown you're willing to stay at your current level, leave and bid on the 9/11/12 postings.

best wishes.
frankgonzalez  
#5 Posted : Friday, November 8, 2019 7:39:41 AM(UTC)
frankgonzalez

Rank: Senior Member

Groups: Registered
Joined: 8/8/2008(UTC)
Posts: 5,264

Thanks: 75 times
Was thanked: 988 time(s) in 785 post(s)
Originally Posted by: sup2nuts Go to Quoted Post
1. never threaten a grievance if you aren't willing to actually file it.
2. it's time to file it.
3. file an eeo as well.
4. which is probably what will work best since you've shown you're willing to stay at your current level, leave and bid on the 9/11/12 postings.

best wishes.
What is the EEO violation that occurred? I see nothing in what has been shared by the OP so far that would lead to an EEO violation. And as such, may result in more frustration for the OP when the complaint is dismissed.

You should have voted Cthulu...the greatest of all Evils
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