Federal Employees: You be the Judge

They should be involved with putting a litigation hold on records, and may send questions/concerns to the investigator but should not be involved in any interviews (unless they are a witness themselves, but then they would be recused from acting as the agency attorney). PM me if you have any specific questions and I will try to answer them for you.

The EEO *IS* the agency - the EEO reports to your HQ/unit head/etc. The agency's attorneys are involved in everything and all steps. The "system" is horrible and these agency attorneys are the lowest scum on earth - they forge documents, lie, etc. and have no legal ethics. I can see why these agency attorneys are not on the outside - they couldn't handle real legal work. It's easy to win when you control all aspects "behind" the scenes (shooting fish in a barrel).

Now that you are obviously in this EEO "system" fighting, be as nice as you can to the agency attorneys, etc. Everything you say will be used against you - and even some things that they make up will be used against you.

God Bless.

Thanks for your input and thoughts. I'm waiting to see what happens this go 'round!

The government could save a lot of money if they standardized the infamous Background Investigation process. And they could also save a lot of great potential employees by having some kind of web based status board to let people know where their application/paperwork stands in the process, whether it's collecting dust due to how overloaded with work and undermanned they are or if something is actually getting done to expedite the investigation and finally adjudicate it.

Not really. You can raise the issue with the AJ IF there is a conflict of interest you believe exists (with supporting evidence).

Not really. Very specific circumstances, yes. But simply being named? No. After all, if a complainant wanted to hamstring the agency defense, simply naming the labor law lawyers they have as witnesses or as a RMO would do just that if they were required to recuse themselves. So...they can do it themselves, or the AJ can decide a conflict of interest exists. But you have to get to the AJ to make the request.

DoJ are available on all litigation against the US government. They usually let the agency lawyers take the lead but are often involved at all stages of the litigation in some form or fashion.

Technically, DOJ is the agency assigned to provide defense for all litigation against the US government. DoJ "borrows" the agency attorneys to "assist" DoJ in most EEOC, MSPB, FLRA, etc cases, with DOJ themselves stepping in when needed due to conflict of interest, the case has significant ramifications, and so on.

It really is. But that's why some agency attorneys are so arrogant. They are banking on you dropping the case and if you don't, they'll just solicit their interagency contacts (some of whom are supposed to regulate their behavior) for favors.

Frank if you review documentation for folks I’d be happy to send mine to you, you are very knowledgeable and have been a huge help with your posts

I’m litigating this because the agency issued a 2-week suspension. The agency claims that the EO prevents them from altering my personnel file (certainly not true, my Senator has confirmed with OPM that they can clean the file if they admit error).

agencies are still settling and clearing records. it’s unfortunate that mine refuses to do so...