I was removed from Federal employment over 6 yrs ago. I was then and am now on anti-depressants, I have chronic back pain and sleep apnea. My hrs were changed and I began to call in sick often. My manager listed several AWOLs against me that were not true. I proved it and was still fired after 2 suspensions. She never showed at the arbitrations. There is a lot more detail. I lived in Maryland at the time but now in Virginia.
You say you were removed from Federal employment 6 years ago. You do not say when you were terminated. As there are statutes of limitations for appealing a termination, I suggest you consult with an attorney about your present options, if any exist at this time. You can find an attorney through this website, your local bar referral service or the websites listed below.
This is meant as general legal information and is not to be construed as legal advice in an attorney client relationship.
Federal government employees have three paths to dispute an adverse action.
The first is to initiate an informal complaint with the agency's internal Equal Employment Office (EEO) if the adverse action was due to discrimination, harassment or retaliation based on race, color, religion, sex, sexual harassment, pregnancy, national origin, ancestry, mental or physical disability including HIV and AIDS, age (40 and above), equal pay, or genetic information. There is a 45 day time limit for initiating this complaint.
The second path is to appeal the removal to the Merit Systems Protection Board (MSPB) if the removal violated the rights afforded to federal government employees. Civilian employees of the federal government have due process rights that the employing agency must honor before it can take an adverse action. There is a 30 day time limit for filing this appeal.
Your third option may be to file a grievance with a union, if the job classification is represented. The time limit for this will be stated in the memorandum of understanding (contract) between the union and the agency. Usually, there are only a few days in which to file the grievance.
A federal employee must choose one of these options. The employee may not pursue more than one.
As you can see, you are way past any of these time limits.
It sounds like you were represented by the union at the time, as you mentioned arbitration. If the removal was considered by an arbitrator, then you have had your opportunity to contest the removal and there was nothing else to do (unless the arbitrator violated certain ethical or procedural rules).
It is unfortunate, but it sounds like this matter was over and done with years ago.
@MikaSpencer * * * twitter.com/MikaSpencer * * * PLEASE READ: All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your claim, you will lose the opportunity to pursue your case. Please consult with an experienced employment attorney as soon as possible to better preserve your rights. * * * Marilynn Mika Spencer provides information on Avvo as a service to the public, primarily when general information may be of assistance. Avvo is not an appropriate forum for an in-depth response or a detailed analysis. These comments are for information only and should not be considered legal advice. Legal advice must pertain to specific, detailed facts. * * * No attorney-client relationship is created based on this information exchange. * * * Marilynn Mika Spencer is licensed to practice law before all state and federal courts in California and can appear before administrative agencies throughout the country. She is eligible to represent clients in other states on a pro hac vice basis.
It is virtually impossible for anyone, based on the brief description you provided, to give you an accurate assessment as to the viability of your case. However, I will note that if your employment ended six years ago, there is likely a statute of limitations issue. You should consult with a local employment attorney.
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