I have been a federal employee for over 10 years, and the team lead for a team of contractors that was one of the most successful teams in the bureau. I received several awards over the years and always an outstanding annual review. Last year the ...
You've presented a complicated situation and with what you've said so far, we can't give a solid answer on whether you might have a case. If you're covered by the union contract, read the contract yourself and talk with your rep about grievance options. Do you think discrimination is involved? Do you think whistle-blowing retaliation is involved? If you answer "yes" to either of these questions, you should consult with a lawyer who specializes in federal sector employment matters and you should not pursue any path (union grievance, eeo complaint, osc complaint) until you talk with a lawyer because choosing a union grievance might well mean that you cannot pursue an eeo complaint or osc complaint independently.See question
I have type 2 diabetes, my sugar was low and I nodded off for a few minutes. The company is aware of my condition but they still terminated me. Can I sue?
This is an excellent question which cannot be answered so easily in this forum. For an attorney to make a thorough assessment of your claim, the attorney will need much more information about the events. I strongly encourage you to consult with an attorney and soon, as you have deadlines in the range of 180 days, 300 days, or 1 year (depending on which path you pursue) and you don't want to wait until the last minute.See question
I’m a minority and I work for FEMA in Washington, DC. My performance evaluation reviewer told me that the only thing that she was dinged on by the senior executive in her evaluation was my area and she was “going to fix it.” After that, I had my p...
You can do both -- you can file an internal agency grievance and you can also file an EEO. Your deadline for each runs from Jan 31. An agency grievance is appropriate if you think the review is generally unfair. An EEO is appropriate if you think the review is because of your race, sex, national origin, medical condition, religion, color, and/or protected EEO activity. There's an important difference between an internal agency grievance and a grievance under a collective bargaining agreement/union contract. It sounds like you're considering an internal agency grievance. BUT, if union grievance is an option, then you typically have to choose between the union grievance process OR the EEO complaint and cannot do both - so make sure you choose your path carefully. If you choose EEO, be prepared to outline why your minority status was a factor in the rating. Finally, there are also options if you think the eval was retaliatory because you made allegations of waste, fraud or abuse or gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety, such as a complaint of whistle blowing reprisal with the Office of Special Counsel (www.osc.gov).See question
I was in a car accident on October 2, 2016 and the doctor gave me 5 weeks off but my employer has been harassing me to come to work. They also allowed another employee 6 weeks of teleworking privileges and denied me 5 weeks. What are my rights.
In Washington, the DC Family Medical Leave Act (16 weeks) is more generous than the Federal FMLA (12 weeks). Do some google searching to see if you and your employer are covered under either. Additionally, you might be entitled to a reasonable accommodation for a medical condition under the Americans with Disabilities Act and/or the DC Human Rights Act, depending on details concerning your medical condition(s). For a better analysis of that, it would be worthwhile to talk with an employment lawyer. Finally, take a look at your employer's employee handbook.See question
Mine did speak to Security investigators and I lost my pending job.
No. The administrative process for federal employees is protected by the Privacy Act, so you should not talk about it. If you have questions, you can talk with your agency's General Counsel. They are not your attorney, but they can provide advice.See question
This is the second time I having to contact EEO because I my employers the first I allowed HR to handle the situation of discrimination based on disability and now the situation still persist despite me contacting my chain of command. (See Below) ...
I recommend you talk with an attorney. It sounds like you have several potential issues at play, such as unequal treatment discrimination, failure to accommodate, and retaliation.
If you work for a federal agency, your attorney can be licensed anywhere, but if you work for a state agency or private employer, you'll need to find someone licensed in the state where you work.
Best of luck.
I am a new hire with a federal agency and I received a proposal for removal. It was explained to me that although I was still in my probationary period my status as a "protected veteran" afforded me the opportunity to rebut the allegations in the ...
I agree with my colleague who already posted; you should consult with an attorney. For most federal employees, the length of the probationary period depends on the agency, type of position you're in (excepted vs. competitive service) and whether you are a preference eligible veteran. There are other factors also, but these are the primary ones. Your rights likely change considerably after you complete your probationary period. Your rights might also be affected by the "true reason" (not the purported reason in the Proposal). When talking with a lawyer, it will be helpful to bring your SF-50 and the Proposal. The process for responding to the Proposal also depends on several factors but is probably outlined in the proposal itself (or, at least, it probably should be). You would be well served to talk with a lawyer who specializes in federal sector employment about the process that applies in your circumstances, the appeal process, your potential avenues for challenging the Proposal, and what happens if the proposal is sustained (all of which I can't answer here because I don't have enough information about your circumstance). One your ammunition yourself with this information, you can make a more informed decision on how to challenge the proposal and whether to hire a lawyer to help you fight it or to negotiate with the agency.See question
It was my understanding a current or former federal employee of the agency had a right to file a discrimination/retaliation complaint and the agency and EEO were required by federal regulations to investigate and try to resolve the complaint. The...
The EEO office is supposed to be neutral; it is not supposed discourage an individual from exercising his right to file a discrimination complaint. The applicable regulations for the agency’s processing of the complaint are at 29 C.F.R. § 1614. The EEOC has also issued essential guidance (google EEOC Management Directive 110). You can also find flow charts on-line that try to explain how the process works (search for images of EEO federal sector complaint processing). If the employee wishes to pursue the complaint, they should do so. If more than 45 days have passed since the last discriminatory/retaliatory event, the EEO office might claim that the complaint is untimely. There are several arguments against that claim, and the employee would be well served to talk with a lawyer who specializes in federal sector employment law. I can’t comment on the agency Director’s communications with Congress, as it’s not clear what the Congressman asked or the context of the agency’s response. If the EEO office told a Congressman that it refuses to use agency resources to process an employee’s (or former employee's) discrimination complaint, I would talk with a lawyer about that as well.See question
Work commitments are on an annual basis. My manager gets angry when I go to the next in line supervisor when he does not resolve issues relating to my performance. Therefore, he has put a one week deadline on a task which takes about 30 days to c...
You ask if your supervisor's actions are legal. Maybe, maybe not. The real issue is: what can you do about the unfair treatment? Depending on why the supervisor is doing this., your options might be different. In any case, it sounds like your supervisor is not giving you fair work assignments that can be completed in the time-frames. This kind of situation could lead to a performance based action, such as a performance improvement plan, or to some kind of conduct action. You should seriously consider talking to an attorney who knows federal sector employment law to help you figure out why this is happening and if there is anything you can do about it. If you're covered by a collective bargaining agreement, you might save yourself some money by starting with the union.See question
I need to get a Public Trust Clearance with my employer. All of the information that I fill out on the form for the Public Trust, is that visible to the employer? Are they allowed to see all of that information or is it just for the eyes of the ag...
In short, no, the employer does not see your form. When you apply for a security clearance, the people who review the clearance are an entirely different set of people from your managers / employer. Usually the employer only knows if you passed or failed the clearance.
When you apply for a clearance, it's important to be truthful. For example, the SF-86 (the form used for national security) asks if you left a job by mutual agreement following notice of unsatisfactory performance and the true answer is "yes." But let's say also that you did not mention this on your resume or in your interview (and let's assume you did not lie during your application process). You should answer honestly. If this is a grey area for you, you might want to consult with an attorney on advice on how to answer difficult questions honestly and in a way to preserve the likelihood of passing the clearance.
Obviously there are a host of other issues that might come up during the clearance review - drug use, arrests, convictions. If you have any concerns about any of the information the form elicits, it's worthwhile to consult a lawyer who is familiar with this territory.