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crowneguest  
#1 Posted : Monday, September 19, 2016 7:17:11 PM(UTC)
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I was separated from a federal agency and am in discussions with them through the EEO process. Management denies being aware of my protected status. Previously I informed management of my protected status via email. I'm no longer on the rolls. Could I obtain the relevant emails from my old agency email account via the FOIA process or some other way? If so, could someone let me know how to go about this request?
Draconian  
#2 Posted : Monday, September 19, 2016 7:25:59 PM(UTC)
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You can make the request, of course, but it is unlikely you will receive them.

I think the request would be more likely to fall under the discovery stage of the EEO process.

However, since you no longer work there, it is more likely that your old emails are gone, & your boss' emails will have been conveniently lost/wiped/deleted.

My own email account was (conveniently) erased, even though I'm still technically employed by the Agency. (They don't realize that I printed everything I could in the rare times my computer & RAs worked for even a few minutes).

It will be an uphill battle, but it's definitely good to always exhaust every avenue.
~Leave everyplace better than you found it.
crowneguest  
#3 Posted : Tuesday, September 20, 2016 7:09:04 AM(UTC)
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Thanks for the input. Luckily I did print some of the emails but have remembered a few not printed. My thought is to get them to the investigator prior to the discovery phase. I'm hopeful for a settlement. You may be correct that the emails are gone but I figure it is worth a chance. Emails to the address do not bounce back.

To actually make the request I found the FOIA page online. Do you have any thoughts on the best way to phrase the request? I'd like to be specific enough to get the actual emails that I know about and wide enough to receive with useful emails with information I may have forgotten about. I have not ever requested anything via the FOIA process and my knowledge of the ins and outs is limited.
sandhill  
#4 Posted : Wednesday, September 21, 2016 3:41:54 AM(UTC)
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I did this. It took about 4 months to get a full response due to caseload, but my agency was very responsive and kept me informed throughout the process.

In your request, be as specific as you can, asking for specific files or records by time frame, subject, sender to the extent possible.
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crowneguest on 9/22/2016(UTC)
hopie  
#5 Posted : Wednesday, September 21, 2016 12:32:00 PM(UTC)
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If you no longer work at the agency and returned your computer, the emails are gone. I checked with the IT department before I left the agency. As soon as you return your laptop back to the IT department, they wipe it clean and reissue it to another employee. I made sure that I forwarded all the emails with incriminating evidence to another email address. However, it may be different if you worked on a desktop computer at the workplace or it was not returned to the IT department.

For anyone still with the agency, do not agree to a conference or phone call unless you record it. Instead, opt to receive everything in writing via email. This is how they try to get away with illegal stuff in the conversation.

Edited by user Thursday, September 22, 2016 2:43:38 PM(UTC)  | Reason: Not specified

sandhill  
#6 Posted : Wednesday, September 21, 2016 12:58:38 PM(UTC)
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Originally Posted by: hopie Go to Quoted Post
If you no longer work at the agency and returned your computer, the emails are gone. I checked with the IT department before I left the agency. As soon as you return your laptop back to the IT department, they wipe it clean to reissue to another employee. I made sure that I forwarded all the emails with incriminating evidence to another email address. However, it may be different if you worked on a desktop computer ay the workplace that was not returned to the IT department.

For anyone still with the agency, do not agree to a conference or phone call unless you record it. Instead, opt to receive everything in writing via email. This is how they try to get away with illegal stuff in the conversation.


It really has nothing to do with whether or not your particular computer has been erased/reformatted. The emails are still on the servers and backups, and to the extent that the emails are official records, they must be maintained in accordance with NARA records disposition schedules.
hopie  
#7 Posted : Wednesday, September 21, 2016 3:26:12 PM(UTC)
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Oh, I didn't know the FOIA office would have access to them. Well, you could try submitting an FOIA request. Will they notify the agency when they receive a FOIA request for their emails?

Edited by user Thursday, September 22, 2016 2:40:30 PM(UTC)  | Reason: Not specified

crowneguest  
#8 Posted : Tuesday, October 11, 2016 6:21:06 PM(UTC)
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I submitted an FOIA request yesterday through the agency's FOIA website where I opened an account. Apparently, the request will be answered by email or document download within 20 days. That seems ambitious but is attainable. The request was assigned a case number and the status will be updated. It should be easy enough to search through the records for the requested information.
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Draconian on 10/18/2016(UTC)
crowneguest  
#9 Posted : Friday, June 23, 2017 3:42:50 PM(UTC)
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I obtained the requested information for a relatively minimal fee via the FOIA process and included the information at the formal stage. It took about two months. I downloaded an electromic file after the fee. Every agency is supposed to have this ability. It probably helped that it is an agency mandated to keep records.
Frankish  
#10 Posted : Thursday, June 29, 2017 9:13:00 PM(UTC)
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The records retention is 7 years as a rule unless a legal hold requires longer; but do not expect the agencies to be eager to accommodate one way or another. Oddly enough a willingness of the agency to accommodate the records request is an indication of the willingness of the agency to accommodate the EEO request.
believer  
#11 Posted : Saturday, May 19, 2018 1:10:14 PM(UTC)
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like which agency would do THAT????
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