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Rank: Newbie
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Joined: 6/15/2021(UTC) Posts: 2 
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Current excepted service T32 federal technician employed by a state national guard. Agency wants to reassign me to a lower grade to make way for someone else coming back to the state from T10. Involuntary reassignment must be to same grade and same pay, right? How do I fight the reassignment to lower grade? Do I have to find an employment lawyer? Looking for any advice!
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Rank: Senior Member
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Joined: 8/8/2008(UTC) Posts: 6,053
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Originally Posted by: ExcFed  Current excepted service T32 federal technician employed by a state national guard. Agency wants to reassign me to a lower grade to make way for someone else coming back to the state from T10. Involuntary reassignment must be to same grade and same pay, right? How do I fight the reassignment to lower grade? Do I have to find an employment lawyer? Looking for any advice! No real advice except if you do get a lawyer, make certain they are very familiar with T32 rules and laws, as those types of cases are a major headache. If the mil grade goes down, then you may also have an IG complaint (demotion without an Art 15 or court martial I don't think is legal). Add in your Civil Service protections, and they may be going down a wrong path. That said, if the position you are sitting on was already encumbered by the person returning from T10, you need to see if your promotion was temp or permanent. |
You should have voted Cthulu...the greatest of all Evils
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Rank: Newbie
Groups: Registered
Joined: 6/15/2021(UTC) Posts: 2 
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Thanks. No change in MIL grade and I am tenure permanent in the position for almost 3 years. CNGBI 1400.25, Vol. 715, paragraph 12 states reassignment at the same grade and pay. I just don’t know where to go outside of the organization to validate and to get assistance. OPM?
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