My agency is sending out furlough letters

Anonymous
Anonymous wrote:The question of working while furloughed brings up any interesting question for litigating attorneys, or really anyone with external deadlines.

If I have a filing deadline or a trial, I can assume that I will not expect to meet it if it occurs during the furlough. but I do not feel comfortable assuming that the date will be extended if it is set for after the furlough ends. For example, if I have a trial in ten days, and I am furloughed for the first five, I just lost five days of prep that I won't get back, right?

That is why I would want to work while the government shuts down.


Won't the courts be shut down too?
Anonymous
We've heard nothing at my agency.

Related question: So what happens if/when we don't get paid with regard to things like employee contribution to health insurance, FICA, etc. Years ago, I went on LWOP for one pay period (planned), and since it was "without pay" I had to write a check to the US Treasury to pay into my share of health insurance, etc. How does it work during a govt. shutdown?? Will we still have our health insurance and such?? (When it's all said and done, and assuming we don't get paid, will we still have to write a check to Treasury to maintain insurance??) [I worked through the last furloughs since my then-agency was fully funded, so this is all unchartered for me.]

Personally, I'm hoping for no shutdown, but I expect it will happen. I also hope for retro pay, but I don't expect that to happen at all this time. DH and I will likely be able to weather a brief shutdown, but some of my co-workers live paycheck-to-paycheck... this will be true hardship for so many.
Anonymous
This just seems so insane. I'm not a fed, but I can't imagine the impact this will have on all the places that depend on fed workers to buy lunch, coffee, etc., and on Metro's revenue which will obviously drop.
Anonymous
Anonymous wrote:
Anonymous wrote:The question of working while furloughed brings up any interesting question for litigating attorneys, or really anyone with external deadlines.

If I have a filing deadline or a trial, I can assume that I will not expect to meet it if it occurs during the furlough. but I do not feel comfortable assuming that the date will be extended if it is set for after the furlough ends. For example, if I have a trial in ten days, and I am furloughed for the first five, I just lost five days of prep that I won't get back, right?

That is why I would want to work while the government shuts down.


Won't the courts be shut down too?


Maybe, but my point was that if my trial date is after the government opens up again I will have lost the prep days during the shut down. I don't think there is any guarantee that all post-shut down dates will shift.
Anonymous
Anonymous wrote:
Anonymous wrote:The question of working while furloughed brings up any interesting question for litigating attorneys, or really anyone with external deadlines.

If I have a filing deadline or a trial, I can assume that I will not expect to meet it if it occurs during the furlough. but I do not feel comfortable assuming that the date will be extended if it is set for after the furlough ends. For example, if I have a trial in ten days, and I am furloughed for the first five, I just lost five days of prep that I won't get back, right?

That is why I would want to work while the government shuts down.


Won't the courts be shut down too?


Much/most of many trial/litigiation attorneys' work happens outside of a courtroom--the prep, research, etc. So even if courts are shut down, there's plenty of work to do.
Anonymous
During the prior shutdown, in my agency, attorneys who had pending litigation, upcoming filing deadlines, etc., were declared essential and continued working. Also, the "essential" declaration was kind of fluid, meaning that as the shutdown extended more people were declared essential as their litigation-related workload/deadlines approached.

I'm not 100% sure that there was absolutely no unauthorized work done during the shutdown by litigation attorneys, but it really should be kept to an absolute minimum because it is not legal to be "volunteering" in those circumstances. People who really need to work on active litigation should be declared essential.
Anonymous
Federal News Radio had a Q&A:

http://www.federalnewsradio.com/?sid=2281333&nid=35

I heard that OPM was putting together a Q&A for their website, but I don't see it yet. To answer the question on health benefits my boss told me today that the premiums will continue to be paid during the furlough so don't worry about your coverage lapsing.
Anonymous
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:The question of working while furloughed brings up any interesting question for litigating attorneys, or really anyone with external deadlines.

If I have a filing deadline or a trial, I can assume that I will not expect to meet it if it occurs during the furlough. but I do not feel comfortable assuming that the date will be extended if it is set for after the furlough ends. For example, if I have a trial in ten days, and I am furloughed for the first five, I just lost five days of prep that I won't get back, right?

That is why I would want to work while the government shuts down.


Won't the courts be shut down too?


Maybe, but my point was that if my trial date is after the government opens up again I will have lost the prep days during the shut down. I don't think there is any guarantee that all post-shut down dates will shift.


As a government lawyer you should know that it is illegal to give employment services to the government for Free. I was a law clerk during the last shut down and the judges, their clerks and some of the clerk's office were considered essential. In fact the Treasury employees union filed for a TRO related to the shut down and requiring people to work without pay.
Anonymous
cry me a river....you elected to work for the government for job security and now you know how the rest of us have been feeling for the last 3 years!

And yes, all of you are lazy and do sit on your assess doing nothing.
Anonymous
Anonymous wrote:cry me a river....you elected to work for the government for job security and now you know how the rest of us have been feeling for the last 3 years!

And yes, all of you are lazy and do sit on your assess doing nothing.


Whatever, douchebag. The fact you are responding to a thread that isn't directed to you underscores your envy.

What's wrong can't get your foot in the govt door?

Oh yeah u make $700k a year...blah, blah..
Anonymous
Anonymous wrote:cry me a river....you elected to work for the government for job security and now you know how the rest of us have been feeling for the last 3 years!


Jealousy is an ugly thing, isn't it?
Anonymous
nope, just disgusted at all of you.
you would never catch me even attempting to work for the government. lazy ass, free loaders.
Anonymous
I have already been told I am non-essential. Problem is, i have a deposition on march 11. It requires alot of preparation. I don't see how I can avoid working during a shut down if we are shut down in the days prior. I don't think I can reschedule.
Anonymous
Anonymous wrote:nope, just disgusted at all of you.
you would never catch me even attempting to work for the government. lazy ass, free loaders.


LOL. How about that--we have our very own special troll. Isn't that cute?
Anonymous
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:nothing so far. I've been told that we should assume we wont be getting back pay either so figure out how to cover bills. oh and my boss told me to gather whatever materials I need for the projects I'm working on because the doors will be locked for non essential employees--but of course I should be getting work done at home.


I would be very careful about working from home without explicit written instructions from your boss. There are important legal considerations to be aware of here.


Absolutely agree. I'd ask the boss to put the request in writing so you have a paper/email trail.


It is illegal for the federal government to receive free services. I would check with your agency's general counsel's office.
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