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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 116716
Experience:  20+ Years of Employment Law Experience
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Current Fed employee given until noon today to provide on

Customer Question

Current Fed employee given until noon today to provide on boarding date then will be submitted to new boss to see if he approves. If he does they start paperwork. It will be transfer inside the VA. I had some family and my own health things come up and may have to decline after accepting what they call firm offer. I will feel bad but others told me this happens, life happens. I will not lose my current job as long as I decline before date to clear my current job. I will choose 19 Sept to start. Will be a move from PA to SC.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: I am in PA new job is SC. I am afge member and new job is union too I think!
JA: Have you talked to a lawyer yet?
Customer: No don't think I needs to as of now
JA: Anything else you think the lawyer should know?
Customer: No. As long as I keep my current job in case I must turn around and decline after accepting official offer
Submitted: 11 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
What is your question about this matter for us?
Customer: replied 11 months ago.
They are now pushing through all the steps to transfer me, and the S.C. HR person said the new boss agreed with the 9/18/16 date. My main HR office told me they will do a form 52 (personnel action), and he has seen once this is done, it's a done deal and I cannot go back and change my mind; but then he comes back and tells me as long as it is before my last day on duty at my current job, which looks like it could be Sept 16th.
I have personal matters that may indicate to me I should not take this job, even after I accept a form offer. What I don't like is the gaining job's HR talks to my HR and my supervisor to see if THEY are in agreement on everything. Do you know anything about the Form 52 for personnel action, and when I for sure can say (and keep my current job), sorry, can't move to S.C. right now due to personal circumstances.
My union rep told me what she interpreted by our main HR office is that I keep my job up until the day before I am not longer an employee at my current station.
Anything you know about the process would be nice. It would be just a transfer within the same agency, just to a new state. I was told this past Friday I would sign a Form 3918 (transfer). My understanding this is just administrative record keeping.Anything I should be aware of in this process so I can keep my current job and not lose it through some paper I sign or not be aware of different effective dates.
I am do not always get online right away so I apologize.
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your reply.
If you have a voluntary job transfer in the VA system and cannot accept their offer, then they would have to retain you in your current location. If your job is no longer going to be available, then they can make a move mandatory and you either have to accept or find another job in the federal system to transfer into before your term date at your current position.
If this is a voluntary move and you have been selected but decline the move, you should be retained in your current position as long as available. So you need to check that out with HR, because declining the move if your position is not available and they have no other local positions for you to move into, then you will be forced to take the transfer with them or you would end up unemployed and terminated for declining the move. I am afraid there are not many other options in a situation like this.
Customer: replied 11 months ago.
Ok. I was told last week my last date in my current job would be like September 16th (I would clear and turn in my badges). I do not think they can remove me from my current job until that date. Plus, I do not have to give them notice do I until like 2 weeks prior? I would be asking for a week to move household goods should I move, so that would be 1-2 weeks prior I would let my boss know. I refuse to give 'notice' by myself a month out. Too much can happen in 30 days.
My HR last week said, oh, I got a call (from the new HR) that you have 'accepted' the position. I never even got anything in writing with the final dates, etc. then she said she emailed my boss, so she can submit a 'loss' and begin recruitment. However, the HR next door in the main hospital said she cannot submit this stuff until I am out of there or give notice. He advised I call back to speak to someone more adversed, as he was only an HR clerk.
Customer: replied 11 months ago.
I would also just like to add, I am in a domestic situation and that may be another reason why I can or cannot take this job. My boss knows I have some problems at home.
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your reply.
Generally, 30 day notice is required in the VA system, unless they agree to shorter notice. They cannot terminate you before the end date on your current position. If you want to keep working for them though and they have nothing else locally, you will have to take the position.
While I understand you have personal issues preventing you from deciding, that is legally not a concern of the employer, so they can insist on a decision and if you refuse to decide or accept, then your September date is the end date and if they fill the other position based on you not accepting in a timely manner, you would be out of work.