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  • plthomas15
    replied
    Thank you all for your input...

    Thanks for the opinions and advice. I appreciate the insight into my problem. In the meantime, I've been transferred to another group within the same Federal Agency. I am also looking for a job with another agency, or back in the private sector.

    Thanks again!

    Leave a comment:


  • Texas709
    replied
    True, this...

    Originally posted by ArmyRetCW3 View Post
    This is assuming that the poster works for a federal agency, otherwise she must find the equivalent state/county/municipal conterpart...
    You're right, Army. In the OP's other, related post, she says she's a fed...I overlooked that that bit of information is not here.

    As my fishing partner (retired) likes to point out, "In times of economic uncertainty and social unrest, there is little like a good government job to settle the turbulence." I've found it to be a good safe harbor on several occasions.

    Leave a comment:


  • Morgana
    replied
    Texas 709 has a great answer. Nice and clear and concise!

    Leave a comment:


  • ArmyRetCW3
    replied
    Originally posted by Texas709 View Post
    As to your "legal rights", you can always file (with your agency or with Office of Personnel Management--OPM) a classification appeal, contending that the title, grade, or classification series is incorrect.

    This is assuming that the poster works for a federal agency, otherwise she must find the equivalent state/county/municipal conterpart...

    Leave a comment:


  • Texas709
    replied
    Having spent more than a few years as a compensation analyst and manager for the feds, I'll offer an explanation.

    Pay for general schedule (GS) federal positions is based on the classification of the position, based on what the minimum requirements of the job are. What someone with extraordinary qualifications brings to a job is not considered. OP, if you are exceeding the work required, you should look for opportunities to be promoted within your agency promotion plan or negotiated agreement.

    The agency is not able to increase your basic compensation because you do a better job than required. They are able to pay for the required job, not the enhanced performance. That's what we get when pay is set by law and regulation.

    As to your "legal rights", you can always file (with your agency or with Office of Personnel Management--OPM) a classification appeal, contending that the title, grade, or classification series is incorrect. If the determination is that the job is misclassified, the agency can "cure" the problem by (1) reassigning the higher grade duties, (2) reclassifying the position and filling it through competitive procedures, or (3) reclassifying it and promoting the incumbent through "accretion of duties" resulting in a non-competitive action. I listed them in the order in which they are likely to "cure" the error. #1 happens about 80% of the time.

    Your union contract may provide for slight modifications to this practice, but not by much.
    Last edited by Texas709; 09-22-2008, 08:54 AM.

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  • Betty3
    replied
    "Duplicate" see http://www.laborlawtalk.com/showthread.php?t=194023 ( + has answer re union question etc asked by Patty)

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  • Pattymd
    replied
    Are you a member of a union? Working in a higher-level position, even temporarily, is often addressed by a CBA. Other than that, though, you can ask; they don't have to agree.

    Leave a comment:


  • liztheturtle
    replied
    The way I see it and have seen similar questions answered, you can always ask for a raise but the employer is not obligated to give you a raise. If you feel they are taking advantage of you by not paying you fairly and reject your request for a raise, you could always seek another job.


    I'm curious what some of the others on this forum (who are way more knowledgeable than I) would say though...
    Last edited by liztheturtle; 08-22-2008, 02:18 AM.

    Leave a comment:


  • plthomas15
    started a topic Colorado

    Colorado

    I work for the government. I am in the position of 'clerk' - an entry level position at an entry level pay. I am asked to perform the duties of a much higher paid position (12,000+ per year more) and I am very proficient, even over-qualified in performing these duties.

    Do I have any legal 'ground' to expect my management to make my official status and pay equal to the job I perform? My supervisor has often told me that the work I do is way beyond anything in the formal job description for a clerk.

    I'm anxious to learn where to find out more about my legal rights in this matter. Thanks.

    'pay not equal to the work performed'
The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
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