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Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 19675
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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Is there anything I can do to fight this: From: ***********

Customer Question

Is there anything I can do to fight this:
From: *********** CIV USARMY CHRA-NC (US)
Sent: Thursday, July 28, 2016 8:01 AM
To: *********** USARMY NG NGB (US); *********** CIV NG NGB (US)
Cc: *********** CIV USARMY CHRA-NC (US); Day, *********** USARMY CHRA-NC
Subject: RE: [Non-DoD Source] Re: Final and EOD - Contract Specialist
GS-1102-13 - VIN #1695996 - RPA 369844
Hello COL ***********
Since *********** doesn't have an email established yet, I am emailing you. I set his pay too high and I am so sorry. I told him he would be a step 6-
$107,505 but he really should be a step 4- $101,364. We have to correct his pay before it hits payroll and incurs a debt. I put a correction in just now. Please let him know his pay will be changing. His prior salary was
$99,102 from Navy.
Any questions, please let me know.
Thank you
Senior HR Specialist (Classification/R&P) HQDA VIRTUAL CPAC TEAM-NGB Comm. *********** Fax ***********
DSN: ***********
How are we doing? Please let us know. Click the link below to access ICE:
> -----Original Message-----
> From: ***********
> Sent: Tuesday, June 21, 2016 11:45 AM
> To: ***********
> Cc: ***********
> ; ***********
> ; ***********
> ;***********
> Subject: Final and EOD - Contract Specialist GS-1102-13 - VIN #1695996
> - RPA
> 369844
> ***********
> I am pleased to confirm your selection for the position of Contract
> Specialist, GS-1102-13, step 6 with the National Guard Bureau, OFC
> Director JT Staff, Office of the PARC, Arlington, VA. Duty located in
Arlington, VA.
> Your annual salary will be $107,505.00.
> Your Entrance on Duty Date (EOD) will be Monday, 24 July 2016. Please
> report to (HR POC) HQDA Civilian Personnel Advisory Center (HQDA
> CPAC), at
> 8:00 am on Monday, 25July 2016, which is located at the *********** for in
> processing, prior to reporting to your duty location. (See attachments
> for further reporting instructions and directions).
> Your supervisor will be *********** and she can be reached at
> *********** or ***********. Please contact her
> prior to your EOD date with any questions and concerns you may have.
> At the time of in-processing you will be asked for two forms of
> identification as required by the Employment Eligibility Verification,
> Form I-9. Please bring one of the following with you.
> A valid driver's license AND birth certificate
> It is important to contact your organization's Human Resources
> Specialist
> (PRIOR) to your Entrance on Duty Date (EOD) to obtain further
> directions on where to report immediately following in-processing with
> the CPAC. Your Human Resources Representative point of contact
information (POC) is:
> *********** *********** or
> In addition, *********** is your Human Resource Representative and is
> available at *********** or ***********.
> You will be receiving an electronic email from On Boarding Manager
> with your login information. Please complete the in-processing
> documents by 27 June 2016.
> Congratulations on becoming a part of the Department of the Army and
> best wishes for success in your new position. If you have any
> questions or need any assistance, please feel free to give me a call
> at *********** or ***********
> ***********
> HR Asst (OA)
> ***********
> DSN ***********
> ***********
Submitted: 2 months ago.
Category: Employment Law
Expert:  Marsha411JD replied 2 months ago.


Thank you for the information and your question. If the HR Assistant is correct, and there was a mistake, then there is nothing to fight. In other words, paygrades and pay ranges are set in stone for civilian service and errors can be, and must be, per regulations corrected. If you aren't entitled to the pay you were offered, then they can't pay that to you. An offer, is not a contract in this instance. That said, if you have already been working under the original offer, then you might be able to successfully argue to personnel that any pay you have already "earned" under the original offer should stand to the point you received notice of the error. That might work, but again, if you were never entitled to that pay based on your position, they could never lawfully offer it to you.

Please feel free to ask for clarification. If none is needed, then if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you

Expert:  Marsha411JD replied 2 months ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 29th. For some reason, the Experts are not always getting replies, or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit(paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me even if the news is not good. If you are having technical difficulties with reading, replying or rating,please let me know so that I can inform the Site administrator.Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at:

Thank you.