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Roadrunn3r  
#1 Posted : Tuesday, February 11, 2020 9:24:07 PM(UTC)
Roadrunn3r

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I am a whistleblower who has filed a complaint against my supervisor. I recently received a paid settlement. Unfortunately, my supervisor has placed me on a PIP in retaliation of my complaint.

He has also violated PIP policy, lied to HR about my performance, and withheld information from me that is vital for me to perform my job. I am living a nightmare.

Is it possible for me to petition to get my PIP cancelled. If so, what are the steps to make it happen?

Any advice in this situation is appreciated!
frankgonzalez  
#2 Posted : Wednesday, February 12, 2020 7:24:40 AM(UTC)
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Sounds like you need to go back to where you filed your complaint and file a new reprisal complaint.
You should have voted Cthulu...the greatest of all Evils
thanks 1 user thanked frankgonzalez for this useful post.
Metalhed on 2/12/2020(UTC)
Roadrunn3r  
#3 Posted : Wednesday, February 12, 2020 8:16:03 PM(UTC)
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I can't 🥺. They made me sign a settlement agreement and it prevents me from filing any further complaints.
DroneBee  
#4 Posted : Thursday, February 13, 2020 2:38:45 AM(UTC)

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Originally Posted by: Roadrunn3r Go to Quoted Post
I am a whistleblower who has filed a complaint against my supervisor. I recently received a paid settlement. Unfortunately, my supervisor has placed me on a PIP in retaliation of my complaint.

This is a common occurrence - the agency gets the complainant to settle then goes after the complainant.

Originally Posted by: Roadrunn3r Go to Quoted Post
Is it possible for me to petition to get my PIP cancelled. If so, what are the steps to make it happen?


You can file a grievance, but in most cases this will be decided by your supervisor; when s/he denies it (which s/he will), it will go to your 2nd level supervisor (who has been informed of the PIP and is already on board with the PIP).

Even though you signed a settlement, you can file another EEO based on retaliation/reprisal because of the prior EEO - you can't probably use the content of the prior EEO, but you can use the fact that you did file an EEO and that based on that prior EEO filing, your supervisor is now retaliating against you. Contact your EEO counselor within 45 days of the action so that you are within the deadlines of filing. This may slow down your supervisor for a while.

You should be really nice to your supervisor - do not gossip, etc., to co-workers - and whatever is on the PIP make sure you do it all - don't give the agency any cause for you not to fulfill the PIP or to give you any reprimands, etc. Conduct is the easiest way for the agency to get rid of you - performance takes longer.

So, advice: submit a grievance per your agency's policies and concurrently contact the EEO counselor per retaliation/reprisal. File the EEO within the time limits (the agency may have the rule that the grievance then stops - this is okay - the grievance isn't going to go anywhere). Be nice to all.

God Bless.
frankgonzalez  
#5 Posted : Thursday, February 13, 2020 3:59:25 AM(UTC)
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Originally Posted by: Roadrunn3r Go to Quoted Post
I can't 🥺. They made me sign a settlement agreement and it prevents me from filing any further complaints.
Any settlement agreement that prevents you from filing future complaints that are based on events that occur AFTER the settlement agreement was signed and effective are illegal and would render the settlement agreement null and void.


And nobody can be made to sign a settlement agreement. If you were coerced into signing, that can also render the agreement void.

Again, you return to where you filed your original complaint, and file a reprisal claim. If the original complaint was EEO, then you return to the EEO office. If it was a whistle blower complaint, then you return to the office you filed that at. And so on.

You should have voted Cthulu...the greatest of all Evils
Roadrunn3r  
#6 Posted : Thursday, February 13, 2020 12:16:53 PM(UTC)
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Thank you both!

Bless
Fedfox  
#7 Posted : Thursday, February 13, 2020 9:43:13 PM(UTC)
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I would also make it a point to let management know in writing any issues you have regarding the pip in writing. For example, what was your last rating? Are the deadlines reasonable? Are the tasks relevant to your Critical Job elements? Are your coworkers held to the same standards ? Etc
https://www.employmentla...improvement-plan-pip-ied
mallen  
#8 Posted : Thursday, February 13, 2020 10:51:44 PM(UTC)

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Originally Posted by: Roadrunn3r Go to Quoted Post
I can't 🥺. They made me sign a settlement agreement and it prevents me from filing any further complaints.


get a lawyer.
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