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Tina, Lawyer
Category: Employment Law
Satisfied Customers: 8184
Experience:  JD, BBA, recognized by ABA for excellence.
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Is there any case law or are there any federal rulings that

Customer Question

Is there any case law or are there any federal rulings that support the assertion that removal from a Federal government supervisory position and reassignment to a non-supervisory position is a demotion? If so, where my I find it? Likewise, OPM requires leadership to issue notification and offer an employee ten days to respond/present their case prior to reassignment to new position. Where may I find rulings supporting the plaintiff's claim that such notice and opportunity were not given?
Submitted: 2 years ago.
Category: Employment Law
Expert:  RESPONDER9 replied 2 years ago.
Hello and thank you for your question. The U.S. Merit Systems Protection Board(MSPB) is the place where such an appeal would be heard. The problem is establishing jurisdiction to hear the case. The jurisdictional standard in your case requires that there is a reduction in pay or grade-this would be an adverse action. If you can show this, the court will hear the case and may hear your arguments about notice and response. The MSPB has a website with a search engine for case law. I hope all of this helps and I hope you can obtain some justice. Thank you in advance for rating me positively after reading this so the service pays me for my work.
Customer: replied 2 years ago.
Thank you for your reply. I understand the MSPB's position on and court rulings re: adverse actions. However, I am not looking for information on adverse actions. In my case, that path (i.e., requesting relief based on adverse actions) does not offer any openings for summary judgment or positive rulings from an EEOC Administrative Judge. That is why I am looking for (1) information that affirms that reassignment from supervisory to non-supervisory (and in my case placing me under one of the people I previously supervised) is a demotion and (2) rulings related to failure to provide notice and allow response when involuntarily reassigned. If you can provide information that supports these things, I will be more than happy to pay for a consultation call. If not, I appreciate your reply, but will continue looking for the information. - Dr Atkinson
Customer: replied 2 years ago.
I can't get the program to let me pick stars. Any suggestions?