Welcome Guest! To enable all features please Login or Register.

Notification

Icon
Error

Federal Employees: You be the Judge


Get real-life reviews of key court cases involving federal employees. Share your opinion on the outcomes of these cases, or participate in other discussions about workplace issues that may impact your job.

Be civil when debating with others in the forum. Uncivil remarks toward any other forum member is prohibited on FederalSoup and should be reported immediately.


To read today's top news stories on federal employee pay, benefits, retirement, job rights and other workplace issues visit FederalDaily.com.
How to ask OSC to punish RMOs after winning EEO case
Options
Go to last post Go to first unread
Previous Topic Next Topic
sunnyday  
#1 Posted : Saturday, October 24, 2020 2:14:56 PM(UTC)

Rank: Member

Groups: Registered
Joined: 9/5/2013(UTC)
Posts: 19

Was thanked: 1 time(s) in 1 post(s)
After 10+ years fight, I finally won my two EEO cases that were combined for one hearing. EEOC AJ issued the final Order in 2020 after the three days hearing. Part of the AJ’s remedy order is below.

• The Agency shall promote Complainant to a GS-13, retroactive to January 25, 2011, and a GS-14, retroactive to September 1, 2015. The Agency shall pay Complainant for the differential in lost wages for an equivalent GS 13 and subsequent GS 14
employee. The Agency shall also provide prejudgment interest for the back wages.

• The Agency shall pay Complainant $40,000 in non-economic compensatory damages.

Agency had decided not appealing the AJ’s Order and stated that Agency will adopt and fully implement the Order.

I was fired by the Agency approximate two months prior to the AJ final order. A woman, who proposed the removal, was one of the RMOs involved in the two EEO cases.

I wanted to request OSC to punish those RMOs, but do not know which department of OSC should be contacted and what procedure should be followed. Hope some of you are able to provide related information. Thank you very much in advance.
Back to top
frankgonzalez  
#2 Posted : Monday, October 26, 2020 4:40:46 AM(UTC)
frankgonzalez

Rank: Senior Member

Groups: Registered
Joined: 8/8/2008(UTC)
Posts: 5,617

Thanks: 103 times
Was thanked: 1106 time(s) in 879 post(s)
Originally Posted by: sunnyday Go to Quoted Post
After 10+ years fight, I finally won my two EEO cases that were combined for one hearing. EEOC AJ issued the final Order in 2020 after the three days hearing. Part of the AJ’s remedy order is below.

• The Agency shall promote Complainant to a GS-13, retroactive to January 25, 2011, and a GS-14, retroactive to September 1, 2015. The Agency shall pay Complainant for the differential in lost wages for an equivalent GS 13 and subsequent GS 14
employee. The Agency shall also provide prejudgment interest for the back wages.

• The Agency shall pay Complainant $40,000 in non-economic compensatory damages.

Agency had decided not appealing the AJ’s Order and stated that Agency will adopt and fully implement the Order.

I was fired by the Agency approximate two months prior to the AJ final order. A woman, who proposed the removal, was one of the RMOs involved in the two EEO cases.

I wanted to request OSC to punish those RMOs, but do not know which department of OSC should be contacted and what procedure should be followed. Hope some of you are able to provide related information. Thank you very much in advance.
And what action would OSC be looking at that is distinct and separate from the EEO complaints?

I hate to be the bearer of bad news, but this would be seen as a collateral attack on the EEO process. The EEO process cannot require the agency to take action against management, but can recommend it. Trying to get another ruling to punish management because EEOC didn't will result in the agency filing a motion to dismiss as this issue was settled (you were restored to the agency, GS-13 and then 14, with backpay and interest, etc). You do not have a right to have people punished. The agency (if smart) would look at doing so, but without more info, no-one here can say if they should or not. We know you think they should, but you are biased in this issue.

Your better bet is to return, be smiling, and live a good life. And based on your new TIG as a GS14, start applying for GS15 positions as soon as you see one you like and think you can do. Also, if the same management official starts doing things that actually impact you in a negative manner (not anything petty like ignoring you..unless it is communication that is needed to do your job), then you walk down to the EEO office and file the reprisal complaint...with the nice additional info for the settlement official assigned that this particular RMO already cost the agency a lot of money (2 promotions, backpay, comp damages, etc), and you just want to be allowed to do your job. That may result in adverse actions against the RMO.

You should have voted Cthulu...the greatest of all Evils
Back to top
tic32003  
#3 Posted : Monday, October 26, 2020 9:22:48 AM(UTC)
tic32003

Rank: Groupie

Groups: Registered
Joined: 9/10/2019(UTC)
Posts: 52
United States

Thanks: 5 times
Was thanked: 16 time(s) in 10 post(s)
Originally Posted by: sunnyday Go to Quoted Post
After 10+ years fight, I finally won my two EEO cases that were combined for one hearing. EEOC AJ issued the final Order in 2020 after the three days hearing. Part of the AJ’s remedy order is below.

• The Agency shall promote Complainant to a GS-13, retroactive to January 25, 2011, and a GS-14, retroactive to September 1, 2015. The Agency shall pay Complainant for the differential in lost wages for an equivalent GS 13 and subsequent GS 14
employee. The Agency shall also provide prejudgment interest for the back wages.

• The Agency shall pay Complainant $40,000 in non-economic compensatory damages.

Agency had decided not appealing the AJ’s Order and stated that Agency will adopt and fully implement the Order.

I was fired by the Agency approximate two months prior to the AJ final order. A woman, who proposed the removal, was one of the RMOs involved in the two EEO cases.

I wanted to request OSC to punish those RMOs, but do not know which department of OSC should be contacted and what procedure should be followed. Hope some of you are able to provide related information. Thank you very much in advance.


I don't really have anything to add, but holy cow! Congratulations!
Back to top
FS0201  
#4 Posted : Monday, October 26, 2020 5:02:25 PM(UTC)
FS0201

Rank: Senior Member

Groups: Registered
Joined: 12/22/2011(UTC)
Posts: 1,282

Thanks: 108 times
Was thanked: 299 time(s) in 262 post(s)
Frank’s guidance is on point. Congratulations.
The excuse of, "I read it on FederalSoup..." won't work. Please do your due diligence.
Back to top
sunnyday  
#5 Posted : Tuesday, October 27, 2020 5:31:19 PM(UTC)

Rank: Member

Groups: Registered
Joined: 9/5/2013(UTC)
Posts: 19

Was thanked: 1 time(s) in 1 post(s)
Thank you very much for reply. Truly appreciated.

I have applied many GS-14 and GS-15 jobs that were posted by my former employer even though I do not have SF-50 to show I had been GS-13 or GS-14 employee for years. What I did was that I uploaded GS-14 ordered by EEOC AJ, Agency's surrendering paper and back pay statement showing GS-14 was paid as confirmation of GS-14 to USA jobs. Nonetheless, I was informed that I was not considered for GS-14 job I applied because I was failed to submit the required SF-50 as specified in the vacancy announcement. Hopefully, my lawyer will be able to get those SF-50s for me.
Back to top
frankgonzalez  
#6 Posted : Wednesday, October 28, 2020 3:10:47 AM(UTC)
frankgonzalez

Rank: Senior Member

Groups: Registered
Joined: 8/8/2008(UTC)
Posts: 5,617

Thanks: 103 times
Was thanked: 1106 time(s) in 879 post(s)
Originally Posted by: sunnyday Go to Quoted Post
Thank you very much for reply. Truly appreciated.

I have applied many GS-14 and GS-15 jobs that were posted by my former employer even though I do not have SF-50 to show I had been GS-13 or GS-14 employee for years. What I did was that I uploaded GS-14 ordered by EEOC AJ, Agency's surrendering paper and back pay statement showing GS-14 was paid as confirmation of GS-14 to USA jobs. Nonetheless, I was informed that I was not considered for GS-14 job I applied because I was failed to submit the required SF-50 as specified in the vacancy announcement. Hopefully, my lawyer will be able to get those SF-50s for me.
They do need to provide the SF50s to you as they are the only proof you were promoted as per the Final Order. When I was the compliance officer for my office, I would be hounding the HR office to provide me the SF50s to show compliance (as just saying "here are the records showing we paid sunnyday" only proves you were paid. It does not prove you were promoted in the system).

I would ask the EEO office you worked with to assist you in obtaining the SF50s ASAP (as those are easy to comply with record wise). The payment piece is more complicated than simply putting in the promotion SF52s. May need a little time for the GS13 to update and the SF50 to issue before the SF52 for the GS14 can be put into the system as you don't want the system to lock up and reject them both! However, that shouldn't take too long. Every HR I have worked with over 3 agencies says this can be typically be done in a few days for a promotion. So...a full pay period to get both in would be reasonable, with 2 pay periods after being given the actions to complete to see both SF50s in your eOPF. Of course, the issue is...has HR been given the actions to complete? After two or three months since the agency got and accepted the final order, I'd be looking at a motion to compel (plus a request for the attorney fees for the motion) if they cannot show progress is being done on the items not yet complete. If you have been paid, then their arguments will be very weak...

You should have voted Cthulu...the greatest of all Evils
Back to top
sunnyday  
#7 Posted : Wednesday, October 28, 2020 6:33:44 PM(UTC)

Rank: Member

Groups: Registered
Joined: 9/5/2013(UTC)
Posts: 19

Was thanked: 1 time(s) in 1 post(s)
Thank you so much for the message! I have requested my former employer’s EEO Office to provide me copies of GS-13 and GS-14 SF-50 and to enter the two promotions to eOPF system. The EEO officer responded pretty quick and informed that copies of the SF-50s will be provided and my request of entering the two GS promotion into fed system will be also addressed by Agency’s Office of General Counsel.

There are still many issues associated with back pay wage, such as compound interest, 5% TSP matching of back pay wage, taxes, FERS retirement, and etc. I do not believe Agency has paid me the entire back pay wage. Additionally, Agency took too much taxes of back paid wage without considering that I should be legally allowed to contribute back pay money to TSP between 2011 and 2020 when I was financially unable to reach TSP limit due to Agency illegally held my salary. I am working on Agency‘s payment made as late contribution to my TSP, and found the $ amount made by Agency is substantially lower than I calculated.

Another big issue is 23k deposited to my bank. Couple weeks later, Agency claimed I was overpaid about 10k, and asked me to pay back the 10k plus $150 interest. When my lawyer asked Agency to itemize the 23K, Agency attorney stated the issued overpay was an error. Later, Agency deducted the 10k from my next back pay. No one could believe how crazy this Agency can be……

My lawyer will ask Agency to itemize by Each Pay Period from 2011 to 2020 for back pay, interest, TSP, retire FERS, tax, and etc., not sum of payments Agency had made.
Back to top
frankgonzalez  
#8 Posted : Thursday, October 29, 2020 5:57:39 AM(UTC)
frankgonzalez

Rank: Senior Member

Groups: Registered
Joined: 8/8/2008(UTC)
Posts: 5,617

Thanks: 103 times
Was thanked: 1106 time(s) in 879 post(s)
Originally Posted by: sunnyday Go to Quoted Post
Thank you so much for the message! I have requested my former employer’s EEO Office to provide me copies of GS-13 and GS-14 SF-50 and to enter the two promotions to eOPF system. The EEO officer responded pretty quick and informed that copies of the SF-50s will be provided and my request of entering the two GS promotion into fed system will be also addressed by Agency’s Office of General Counsel.

There are still many issues associated with back pay wage, such as compound interest, 5% TSP matching of back pay wage, taxes, FERS retirement, and etc. I do not believe Agency has paid me the entire back pay wage. Additionally, Agency took too much taxes of back paid wage without considering that I should be legally allowed to contribute back pay money to TSP between 2011 and 2020 when I was financially unable to reach TSP limit due to Agency illegally held my salary. I am working on Agency‘s payment made as late contribution to my TSP, and found the $ amount made by Agency is substantially lower than I calculated.

Another big issue is 23k deposited to my bank. Couple weeks later, Agency claimed I was overpaid about 10k, and asked me to pay back the 10k plus $150 interest. When my lawyer asked Agency to itemize the 23K, Agency attorney stated the issued overpay was an error. Later, Agency deducted the 10k from my next back pay. No one could believe how crazy this Agency can be……

My lawyer will ask Agency to itemize by Each Pay Period from 2011 to 2020 for back pay, interest, TSP, retire FERS, tax, and etc., not sum of payments Agency had made.
Good...your lawyer is doing the right things. The agency should provide an itemized breakdown of all the payments made and to be paid.

As for the taxes...they typically over estimate the amount as you will get excess back when you file (please talk to your attorney and a good tax CPA to figure out if you need to file amended taxes for each year or if this will hit you this year. Also, have your attorney ensure they calculate into the payments the tax implications in the calculations (ie, if you have potential penalties for previous years (if filing amended returns) or if this will all hit you this year, the fact it will throw you into a higher tax bracket which will result in you paying more taxes than if the pay had occurred in the appropriate years...so have they added the additional $$ to compensate for that fact (otherwise you would not be made whole).
You should have voted Cthulu...the greatest of all Evils
Back to top
DroneBee  
#9 Posted : Tuesday, November 10, 2020 12:46:26 PM(UTC)

Rank: Senior Member

Groups: Registered
Joined: 3/24/2014(UTC)
Posts: 526

Thanks: 201 times
Was thanked: 123 time(s) in 104 post(s)
CONGRATS! A win's a win! Move on and forget these jokers - "Do not take revenge, my dear friends, but leave room for God's wrath, for it is written: "It is mine to avenge; I will repay," says the Lord." (Romans 12:19) Believe me, they will get theirs in due time.

BE HAPPY WITH YOUR WIN!!!!

God bless!
Back to top
Rss Feed  Atom Feed
Users browsing this topic
Guest
Forum Jump  
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.


This page was generated in 0.328 seconds.
  • ©2007-2019 1105 Media, Inc. All Rights Reserved