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Federal Employees: You be the Judge


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fedr8ed  
#1 Posted : Monday, May 13, 2019 7:31:02 AM(UTC)
fedr8ed

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This manager could not tell the truth to save his life. He contradicted himself and other managers with his written testimony and during the hearing this manager flat out lied, this was not "misleading", everyone at this trial including the Judge knows these were bold lies. I think the only thing this manager said true during the hearing was giving his name.

Several years of harassment, lack of an effective reasonable accommodation, retaliation, no performance reviews, not selected for and earned and deserved promotion, and several other "100% provable" discriminatory and/or retaliatory actions. The EEOC hearing involved only a few of the claims, as the AJ stated was going to rule in favor of the Agency on the other claims, but had not yet done so. During this hearing most of the other claims were somewhat discussed. The manager was clearly spewing lies out of his mouth, there is no possibility that anyone that heard and/or read his testimony could believe he was honest. Yes, it was THAT bad. (I am not sure how detailed I can go on here, I am guessing there is a chance "they" read it too)... but his testimony as a witness what the BEST witness for my case. It was better than I had ever hoped it would be. (God prevailed)

I want to feel confident that that AJ will rule in my favor, but reading blogs I see that the AJ's are still Federal employees and will rule in favor of the Agency regardless of the facts.

1. If it is SO obvious that discrimination occurred, can the AJ rule in favor of the Agency?
2. If it is factual that the manager lied in his written affidavit and his hearing testimony, shouldn't this show they are attempting to hide the truth... aka their discrimination and retaliation towards me?
3. Do AJ's have any ethical requirements to adhere to? If they don't adhere to them, are their consequences they risk for deliberately overlooking facts?
4. What are the pro's and con's of taking this to civil court?
5. What will happen to the Manager for knowingly and willfully giving false statements on the written affidavit and during the EEOC hearing?

At the hearing it was SUCH a relief to finally have my voice heard and for all to see that the manager did nothing but lie. I am just worry because it is still in the "federal sector" stages.


Any advice will be appreciated.
ObiOne  
#2 Posted : Monday, May 13, 2019 7:56:42 AM(UTC)
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Originally Posted by: fedr8ed Go to Quoted Post
...during the hearing this manager flat out lied, this was not "misleading", everyone at this trial including the Judge knows these were bold lies.


I think it's important to know how everyone knew this particular manager was lying.
frankgonzalez  
#3 Posted : Monday, May 13, 2019 8:00:42 AM(UTC)
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Originally Posted by: fedr8ed Go to Quoted Post
This manager could not tell the truth to save his life. He contradicted himself and other managers with his written testimony and during the hearing this manager flat out lied, this was not "misleading", everyone at this trial including the Judge knows these were bold lies. I think the only thing this manager said true during the hearing was giving his name.

Several years of harassment, lack of an effective reasonable accommodation, retaliation, no performance reviews, not selected for and earned and deserved promotion, and several other "100% provable" discriminatory and/or retaliatory actions. The EEOC hearing involved only a few of the claims, as the AJ stated was going to rule in favor of the Agency on the other claims, but had not yet done so. During this hearing most of the other claims were somewhat discussed. The manager was clearly spewing lies out of his mouth, there is no possibility that anyone that heard and/or read his testimony could believe he was honest. Yes, it was THAT bad. (I am not sure how detailed I can go on here, I am guessing there is a chance "they" read it too)... but his testimony as a witness what the BEST witness for my case. It was better than I had ever hoped it would be. (God prevailed)

I want to feel confident that that AJ will rule in my favor, but reading blogs I see that the AJ's are still Federal employees and will rule in favor of the Agency regardless of the facts.

1. If it is SO obvious that discrimination occurred, can the AJ rule in favor of the Agency?
2. If it is factual that the manager lied in his written affidavit and his hearing testimony, shouldn't this show they are attempting to hide the truth... aka their discrimination and retaliation towards me?
3. Do AJ's have any ethical requirements to adhere to? If they don't adhere to them, are their consequences they risk for deliberately overlooking facts?
4. What are the pro's and con's of taking this to civil court?
5. What will happen to the Manager for knowingly and willfully giving false statements on the written affidavit and during the EEOC hearing?

At the hearing it was SUCH a relief to finally have my voice heard and for all to see that the manager did nothing but lie. I am just worry because it is still in the "federal sector" stages.


Any advice will be appreciated.
Glad to hear the manager was a bad witness for the agency.
just because the AJs are federal employees (as are all federal judges, to include the Supreme Court Justices) does not mean they always rule for the agency. They do not work for the agency. The reason they rule for agencies so often is they have to follow the actual law, not the complainant's feelings.


1. If it is SO obvious that discrimination occurred, can the AJ rule in favor of the Agency?
They could, but then they risk being overturned by the EEOC/OFO or Federal District Court, and that makes them look bad and could impact their appraisal, etc. Of course, it actually has to be illegal discrimination as outlined under the law, and not necessarily by what you think it is. I have found plenty of people file complaints and are either in the wrong forum or think something is discrimination but even if it was, it wasn't illegal (ie, A high performer who volunteers for everything is granted an opportunity they requested...training, detail, etc...and a coworker believes it is discrimination because they weren't offered the same opportunity, despite not asking for it or even...and I have seen this many times...turned down the opportunity but regret their actions later on when they discover the opportunity has some benefit attached. ie resume fodder, great location, etc).

2. If it is factual that the manager lied in his written affidavit and his hearing testimony, shouldn't this show they are attempting to hide the truth... aka their discrimination and retaliation towards me?
Yes, that is the argument you would make at hearing or the appeal. But you have to prove it using the record at hand. ie. The manager says "X" on the stand, but in his deposition he said y" and said "y and z" in his statements to the EEO counselor and investigator.

3. Do AJ's have any ethical requirements to adhere to? If they don't adhere to them, are their consequences they risk for deliberately overlooking facts?
They are required to follow the law and rule as per the law. If they fail to do so, they can be removed (or placed on a PIP, etc).

4. What are the pro's and con's of taking this to civil court?
Not certain what you mean by "civil court". IF you mean Federal District Court, then the pros and cons are the same as going to the EEOC in the first place. You could lose or you could win based on the facts of the case.

5. What will happen to the Manager for knowingly and willfully giving false statements on the written affidavit and during the EEOC hearing?
Depends...if it is shown the agency lost due to the false statements, then they could take action for false statements or even lack of candor. But that is for them to do, and nothing you can do can impact that.

Edited by user Monday, May 13, 2019 8:13:29 AM(UTC)  | Reason: Not specified

You should have voted Cthulu...the greatest of all Evils
fedr8ed  
#4 Posted : Monday, May 13, 2019 11:23:19 AM(UTC)
fedr8ed

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Thanks for your response. It is great to hear that they don't always rule in favor of the Agency.

Yes, this is 100% without a doubt provable that he lied on just about EVERYTHING he said. It was wonderful for my case, because he told so many lies he couldn't keep his story straight. Any person that would hear some of the excuses or back peddling he did would and could not believe a word that came out of his mouth or written by him, regardless if it was under oath. He flat out lied to the Judge and I am certain she knew it, I am not sure why she didn't call him out on it during the hearing. I guess it was because she will rule on it later.

Some of his answers were nearly comical, if I were the Agency I would be completely embarrassed. I am sure the Agency knew of the lies of all those who completed an affidavit, including this manager. (The others are no longer federal employees). If they only did something to stop the discrimination and harassment, rather that aid and abet in it. They didn't even try to get my side of the events, they automatically side with the crooked management team. I am certain 99% of legitimate cases could be resolved or fixed even before an EEO claim was thought about. If the Agency truly cared about what is best for the Agency and took a neutral look at the problem instead of instantly siding with management, a lot of time, money and additional discrimination could be prevented. I am blown away at how they handle these and I am certain I am not the first one they have had to deal with.

It was blessed to be given a hearing so the AJ could see/hear what I have been faced with for several years. I look forward to reading the transcript of the hearing and even more so the ruling. I wish I felt comfortable enough to share some of the things the manager said during the hearing, but throughout his testimony I know we all thought "did he really just say that"?

Yes, his lies were solely to avoid admitting the discrimination, years of harassment, etc. Why else would he lie?

Yes, the District Court is what I meant when I wrote civil. With his recent testimony and I hope the ruling of the AJ, I am certain that my case would be a slam dunk. My only concern at this point is what the AJ will rule, I certainly hope she mentions how dishonest he was. This is why I posted here in the first place, I was extremely pleased with the hearing, but then read how some say the AJ will rule in favor of the Agency regardless of the hearing. I am glad you said that they will rule in favor of the law.... that means it will be in favor of ME!!

The reason I ask about the District Court is because I don't want to dink around with the appeals, and reconsideration. I have been dealing with this for years, I want it over already! I also heard that regardless of what the AJ rules the Agency will appeal it and I would likely want to appeal too. I just want it over with as quick as possible. I have the right to go to District court now and if this shortens up the remaining time for this to end, I see that as a benefit.

(I am not trying to get rich, I am only trying to get what was mine to begin with).
frankgonzalez  
#5 Posted : Monday, May 13, 2019 11:35:30 AM(UTC)
frankgonzalez

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Originally Posted by: fedr8ed Go to Quoted Post
Thanks for your response. It is great to hear that they don't always rule in favor of the Agency.

Yes, this is 100% without a doubt provable that he lied on just about EVERYTHING he said. It was wonderful for my case, because he told so many lies he couldn't keep his story straight. Any person that would hear some of the excuses or back peddling he did would and could not believe a word that came out of his mouth or written by him, regardless if it was under oath. He flat out lied to the Judge and I am certain she knew it, I am not sure why she didn't call him out on it during the hearing. I guess it was because she will rule on it later.

Some of his answers were nearly comical, if I were the Agency I would be completely embarrassed. I am sure the Agency knew of the lies of all those who completed an affidavit, including this manager. (The others are no longer federal employees). If they only did something to stop the discrimination and harassment, rather that aid and abet in it. They didn't even try to get my side of the events, they automatically side with the crooked management team. I am certain 99% of legitimate cases could be resolved or fixed even before an EEO claim was thought about. If the Agency truly cared about what is best for the Agency and took a neutral look at the problem instead of instantly siding with management, a lot of time, money and additional discrimination could be prevented. I am blown away at how they handle these and I am certain I am not the first one they have had to deal with.

It was blessed to be given a hearing so the AJ could see/hear what I have been faced with for several years. I look forward to reading the transcript of the hearing and even more so the ruling. I wish I felt comfortable enough to share some of the things the manager said during the hearing, but throughout his testimony I know we all thought "did he really just say that"?

Yes, his lies were solely to avoid admitting the discrimination, years of harassment, etc. Why else would he lie?

Yes, the District Court is what I meant when I wrote civil. With his recent testimony and I hope the ruling of the AJ, I am certain that my case would be a slam dunk. My only concern at this point is what the AJ will rule, I certainly hope she mentions how dishonest he was. This is why I posted here in the first place, I was extremely pleased with the hearing, but then read how some say the AJ will rule in favor of the Agency regardless of the hearing. I am glad you said that they will rule in favor of the law.... that means it will be in favor of ME!!

The reason I ask about the District Court is because I don't want to dink around with the appeals, and reconsideration. I have been dealing with this for years, I want it over already! I also heard that regardless of what the AJ rules the Agency will appeal it and I would likely want to appeal too. I just want it over with as quick as possible. I have the right to go to District court now and if this shortens up the remaining time for this to end, I see that as a benefit.

(I am not trying to get rich, I am only trying to get what was mine to begin with).
The AJ won't say the manager was lying, but will use other terms such as "the manager's statements were not internally consistent and appeared to be self-serving and evasive. In contrast, the complainant's and witnesses A, B, and C were consistent both internally, and with each other's recollection of the events at hand. Their testimony is also consistent with their previous statements in the record and with other evidence in the record. ....therefore I deem the manager's testimony to not be credible." or words to that effect.

You should have voted Cthulu...the greatest of all Evils
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