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emrlddragon  
#1 Posted : Thursday, January 16, 2020 7:29:17 PM(UTC)
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Recently had a fact finding conference for my retaliation complaint. My complaint involves my first and second line supervisor and another senior leader in our agency. Months before the conference I moved to another job in our agency so I am no longer in the office with this leadership. About 2 weeks after the conference, I received messages at work from my previous supervisor- apologizing for what happened to me. She stated that she had gone to senior leadership to give evidence that what happened to me was wrong and that she was forced to take actions she didn't agree with.
My conference went well, I asked the right questions to reveal the untruthful statements made by the witnesses and I think this is part of what prompted her to contact me.
Now that my supervisor has gone to leadership and given documents and apologized to me, I am not sure where to go from here. Of course, the investigation will continue and I'll stick with the process- but has anyone ever heard of anything like this happening?
Stating that you were forced to take actions is not an affirmative defense, but she admitted that she was wrong and what happened to me was planned- manufacturing and falsifying documents in an attempt to give me a letter of reprimand for "conduct" issues.
The case is very complicated, I'm sorry I haven't included all the details- I just wonder what happens now that there is an admittance of guilt?
Thank you!!
frankgonzalez  
#2 Posted : Friday, January 17, 2020 4:43:18 AM(UTC)
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Originally Posted by: emrlddragon Go to Quoted Post
Recently had a fact finding conference for my retaliation complaint. My complaint involves my first and second line supervisor and another senior leader in our agency. Months before the conference I moved to another job in our agency so I am no longer in the office with this leadership. About 2 weeks after the conference, I received messages at work from my previous supervisor- apologizing for what happened to me. She stated that she had gone to senior leadership to give evidence that what happened to me was wrong and that she was forced to take actions she didn't agree with.
My conference went well, I asked the right questions to reveal the untruthful statements made by the witnesses and I think this is part of what prompted her to contact me.
Now that my supervisor has gone to leadership and given documents and apologized to me, I am not sure where to go from here. Of course, the investigation will continue and I'll stick with the process- but has anyone ever heard of anything like this happening?
Stating that you were forced to take actions is not an affirmative defense, but she admitted that she was wrong and what happened to me was planned- manufacturing and falsifying documents in an attempt to give me a letter of reprimand for "conduct" issues.
The case is very complicated, I'm sorry I haven't included all the details- I just wonder what happens now that there is an admittance of guilt?
Thank you!!
You name the supervisor as key witness and provide the emails they sent as evidence for your investigation.

You should have voted Cthulu...the greatest of all Evils
thanks 2 users thanked frankgonzalez for this useful post.
emrlddragon on 1/17/2020(UTC), DroneBee on 1/18/2020(UTC)
emrlddragon  
#3 Posted : Saturday, January 18, 2020 7:46:49 AM(UTC)
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I immediately sent the messages to the investigator and stated that there was a request for her to amend her testimony. I wasn't sure if anyone had seen this before and what to expect from here. I thought settlement would be the preference of mgmt, but I have no heard anything from their attorney at this time.
DroneBee  
#4 Posted : Monday, January 20, 2020 4:59:03 AM(UTC)

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Originally Posted by: emrlddragon Go to Quoted Post
I immediately sent the messages to the investigator and stated that there was a request for her to amend her testimony. I wasn't sure if anyone had seen this before and what to expect from here. I thought settlement would be the preference of mgmt, but I have no heard anything from their attorney at this time.


This may have been premature and to the wrong person. The investigator is not an unbiased investigator - the investigator works for the agency and is a conduit for the agency to gain information in order to use against you. I would assume that the agency will either put that supervisor in a different job (hiding him/her) and start to fix documents, etc., so that the supervisor's information is no longer useful to you. The agency will not settle anything that is any value to you. You can look online for statistics regarding settlements for your agency. See https://www.eeoc.gov/federal/reports/tables.cfm

Note that everyone is in cahoots against you - the investigator, administrative judge (who is just a government employee like you who applied for the job and may earn less than you), etc. Your witnesses will lie to save their jobs. The agency will doctor documents in order to show that you are a lunatic. I've personally witnessed all of this. I was even told to lie against someone; when I refused, I was removed from the witness list - the agency influenced the administrative judge to limit the witnesses so I would not testify. Do not underestimate the deceit of the agency. That said, treat everyone nicely - the other lawyers, etc. - because anything and everything you do will be held to the minute scrutiny.

You should get an attorney to help you - it seems as though you are doing this by yourself. If you are still in your job (not yet fired), then I would suggest getting another job and forgetting all about this EEOC case (once you start your next job).

God Bless.

Edited by user Monday, January 20, 2020 4:59:44 AM(UTC)  | Reason: Not specified

emrlddragon  
#5 Posted : Monday, January 20, 2020 6:25:18 AM(UTC)
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Originally Posted by: frankgonzalez Go to Quoted Post
Originally Posted by: emrlddragon Go to Quoted Post
Recently had a fact finding conference for my retaliation complaint. My complaint involves my first and second line supervisor and another senior leader in our agency. Months before the conference I moved to another job in our agency so I am no longer in the office with this leadership. About 2 weeks after the conference, I received messages at work from my previous supervisor- apologizing for what happened to me. She stated that she had gone to senior leadership to give evidence that what happened to me was wrong and that she was forced to take actions she didn't agree with.
My conference went well, I asked the right questions to reveal the untruthful statements made by the witnesses and I think this is part of what prompted her to contact me.
Now that my supervisor has gone to leadership and given documents and apologized to me, I am not sure where to go from here. Of course, the investigation will continue and I'll stick with the process- but has anyone ever heard of anything like this happening?
Stating that you were forced to take actions is not an affirmative defense, but she admitted that she was wrong and what happened to me was planned- manufacturing and falsifying documents in an attempt to give me a letter of reprimand for "conduct" issues.
The case is very complicated, I'm sorry I haven't included all the details- I just wonder what happens now that there is an admittance of guilt?
Thank you!!
You name the supervisor as key witness and provide the emails they sent as evidence for your investigation.


The supervisor has already testified and is one of the people named, after the fact finding she decided to come forward. I definitely believe the agency will attempt to hide evidence and come up with documents to make a case.
I did find a new job, I am in another office- in my same agency and it was a promotion. I am lucky to now work with a supervisor who is a fabulous mentor and advocate for her staff. The agency has a terrible culture and lacks processes, the basics of employee rights.
emrlddragon  
#6 Posted : Monday, January 20, 2020 6:40:49 AM(UTC)
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Originally Posted by: DroneBee Go to Quoted Post
Originally Posted by: emrlddragon Go to Quoted Post
I immediately sent the messages to the investigator and stated that there was a request for her to amend her testimony. I wasn't sure if anyone had seen this before and what to expect from here. I thought settlement would be the preference of mgmt, but I have no heard anything from their attorney at this time.


This may have been premature and to the wrong person. The investigator is not an unbiased investigator - the investigator works for the agency and is a conduit for the agency to gain information in order to use against you. I would assume that the agency will either put that supervisor in a different job (hiding him/her) and start to fix documents, etc., so that the supervisor's information is no longer useful to you. The agency will not settle anything that is any value to you. You can look online for statistics regarding settlements for your agency. See https://www.eeoc.gov/federal/reports/tables.cfm

Note that everyone is in cahoots against you - the investigator, administrative judge (who is just a government employee like you who applied for the job and may earn less than you), etc. Your witnesses will lie to save their jobs. The agency will doctor documents in order to show that you are a lunatic. I've personally witnessed all of this. I was even told to lie against someone; when I refused, I was removed from the witness list - the agency influenced the administrative judge to limit the witnesses so I would not testify. Do not underestimate the deceit of the agency. That said, treat everyone nicely - the other lawyers, etc. - because anything and everything you do will be held to the minute scrutiny.

You should get an attorney to help you - it seems as though you are doing this by yourself. If you are still in your job (not yet fired), then I would suggest getting another job and forgetting all about this EEOC case (once you start your next job).

God Bless.


Thank you for that insight. I do not fear being fired, my 2nd line supervisor that is named in my case, definitely tried in every way to have me removed. It did not work. She tried to enlist other staff to monitor me and report to her- that didn't work. The over scrutiny of my time revealed nothing except that I worked past my 40 hrs a week. She would give me short suspense dates to try to make me fail- I always finished every single task I was given. She thought I was on probation and tried to get rid of me- that failed because I am tenured. She tried to say it was performance and that was denied because my performance evals were good and I was never counseled or put on improvement plan. So she tried "conduct" which was also laughable.
I agree that there is nobody in this that is unbiased.
Their attorney never expected me to have a clear opening statement or well versed rebuttal. I am not an attorney but I am a great researcher and know the weakness of their affirmative defense. My ability to question witnesses was made easier without an attorney because I lived the actions and knew exactly which questions to ask to reveal the truth. I know that having an attorney will benefit me at another stage in this process.
I interviewed and was offered another job, in my agency... and it happened to be a promotion- I have been in that job since August. My new supervisor is amazing and I do not fear for my job- when I do leave, it will be on my terms. The agency has many problems that are systemic and pervasive, my case certainly reveals this. There have been employees fired because they were on probation, it is terrible and I have seen many of the things you describe.
mallen  
#7 Posted : Monday, January 20, 2020 9:57:14 AM(UTC)

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I'd just let it go at.this.point. I understand the frustration that people can get away with that stuff, but it might be better to just move on and live your life.

Edited by user Monday, January 20, 2020 9:58:07 AM(UTC)  | Reason: Not specified

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DroneBee on 1/20/2020(UTC)
DroneBee  
#8 Posted : Monday, January 20, 2020 3:05:21 PM(UTC)

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Originally Posted by: emrlddragon Go to Quoted Post
I interviewed and was offered another job, in my agency... and it happened to be a promotion- I have been in that job since August. My new supervisor is amazing ...


Then, I'm not sure what you want from the EEOC - it's causing you work, hassle, etc. I would suggest you drop your EEOC complaint - just move on for your own benefit.

God Bless.

emrlddragon  
#9 Posted : Wednesday, September 23, 2020 4:41:57 PM(UTC)
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Originally Posted by: DroneBee Go to Quoted Post
Originally Posted by: emrlddragon Go to Quoted Post
I interviewed and was offered another job, in my agency... and it happened to be a promotion- I have been in that job since August. My new supervisor is amazing ...


Then, I'm not sure what you want from the EEOC - it's causing you work, hassle, etc. I would suggest you drop your EEOC complaint - just move on for your own benefit.

God Bless.



My case has been moving forward even during this covid time. AJ ordered mediation and we've been working through that process. I do not have an attorney and don't feel that I have needed one, many may not agree but I felt comfortable. Writing a settlement agreement for the last few weeks with the help of a mediator and the agency agreed to give me the back pay and restore the leave I requested.
Failure to accommodate and retaliation were the reasons I did not drop my complaint. I agree this system is horrible and it comes with a lot of stress, it may not be worth it for many cases. I definitely do not recommend this process, but I do recommend standing up for ourselves. The bully will always win if we do not stand up.
thanks 1 user thanked emrlddragon for this useful post.
Lexipooh on 9/24/2020(UTC)
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