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.

3 Pages123>
Options
Go to last post Go to first unread
aloysius  
#1 Posted : Monday, May 17, 2010 3:48:49 AM(UTC)
aloysius

Rank: Newbie

Groups: Registered
Joined: 9/15/2009(UTC)
Posts: 18

I won...yes...WON...an EEOC case in October 2009 wherein the EEOC Administrative Judge ruled totally and completely in my favor.  The Judge's decision spelled out back pay (at a higher graded level) from 2006 to 2007, increase in that salary/back-pay from 2007 to 2009 and then the agency was to offer me a higher-graded position (GS-13).
 
The Agency appealed that decision.  I "appealed the Agency's appeal."
I assume the case is in the hands of the OFO at the present time.
 
Two questions: How long do I have to wait for that decision?  And secondly, I am 68 years old.
What affect will there be on the decision if I retire?  (Or DIE!!!!???)
 
BIGPAPPA  
#2 Posted : Monday, May 17, 2010 5:37:05 AM(UTC)
BIGPAPPA

Rank: Senior Member

Groups: Registered
Joined: 2/15/2009(UTC)
Posts: 292

69-70 believe it and congrats to you!!!!
aloysius  
#3 Posted : Monday, May 17, 2010 6:01:27 AM(UTC)
aloysius

Rank: Newbie

Groups: Registered
Joined: 9/15/2009(UTC)
Posts: 18

Thank you for replying, BIGPOPPA!
 
But I am confused.  Yes congrats are in order for the wise decision made by the EEOC Judge.....but the case remains "on appeal" in, I think, the OFO?  Thus, in actuality, I've won nothing tangible!
 
For how long?  The odds of a "win?"  It's "uncomfortable", to say the least, here in the same office, working with the supervisors I complained about.......
 
What happens to my case, and the attendant salary increases, promotions, etc. if I retire?
 
 
 
BIGPAPPA  
#4 Posted : Monday, May 17, 2010 9:38:33 PM(UTC)
BIGPAPPA

Rank: Senior Member

Groups: Registered
Joined: 2/15/2009(UTC)
Posts: 292

cross that bridge when it comes....  Don't mess with anyone and believe me they are more afraid of you than the other way around.  Just hang on to the job as long you can but when you decide to retire go ahead and do it.  They will have to adjust it after the OFO finishes.
BIGPAPPA  
#5 Posted : Monday, May 17, 2010 9:41:01 PM(UTC)
BIGPAPPA

Rank: Senior Member

Groups: Registered
Joined: 2/15/2009(UTC)
Posts: 292

Oh i have a question to ask you..... From the time you won the decision to the time the judge gave an award determination how long did it take you?
aloysius  
#6 Posted : Monday, May 17, 2010 10:24:58 PM(UTC)
aloysius

Rank: Newbie

Groups: Registered
Joined: 9/15/2009(UTC)
Posts: 18

Good Morning BIGPAPPA, (pardon my previous spelling error!)
 
Thank you again for your quick response(s).
 
The EEOC Administrative Judge included the "remedies" in her decision.
 
The decision/award was multiple pages, containing a plethora of references to previous decisions, as is the normal protocol.  Her decision appeared to be iron-clad, however, the "agency" was quick to note the weaknesses (if any ACTUAL weaknesses) in their appeal.   We, of course, appealed their appeal.........and the waiting began.
 
Other than the lengthy "wait time", I am became concerned when I saw an employment ad for the OFO.  They were seeking law "interns" to assist in the decision-making process of these cases, i.e. review and recommend.  They would be unpaid interns!
 
Additionally, is the decision of the OFO/EEOC FINAL?  Is the Agency allowed to proceed with more appeals or force the case to court? 
 
I don't know if you ever saw that publication that referenced the "potted plant" theory?  Well, I certainly can relate!
 
 
 
Aloysius
 
 
 
 
freeageless  
#7 Posted : Tuesday, May 18, 2010 12:49:36 AM(UTC)
freeageless

Rank: Senior Member

Groups: Registered
Joined: 7/20/2006(UTC)
Posts: 1,335

The OFO decision is FINAL for the agency. Only you the complainant can appeal the OFO decision which would be into federal district court. The OFO is the end of the road for the agency appeals.
Quote

"Additionally, is the decision of the OFO/EEOC FINAL? Is the Agency allowed to proceed with more appeals or force the case to court?" freeageless2010-05-18 08:55:23
BIGPAPPA  
#8 Posted : Tuesday, May 18, 2010 1:13:31 AM(UTC)
BIGPAPPA

Rank: Senior Member

Groups: Registered
Joined: 2/15/2009(UTC)
Posts: 292

The agency can go to court but by that time most quit due the amount of money already burned in the appeal stage alone.


freeageless wrote:
The OFO decision is FINAL for the agency. Only you the complainant can appeal the OFO decision which would be into federal district court. The OFO is the end of the road for the agency appeals.
Quote

"Additionally, is the decision of the OFO/EEOC FINAL? Is the Agency allowed to proceed with more appeals or force the case to court?"

aloysius  
#9 Posted : Tuesday, May 18, 2010 1:22:39 AM(UTC)
aloysius

Rank: Newbie

Groups: Registered
Joined: 9/15/2009(UTC)
Posts: 18

Dear FREEAGELESS & BIGPAPPA;

Thank you  both so very much for responding to my query.  Knowing the Agency cannot appeal is a weight off my shoulders.

In  both your esteemed opinions,  what are the "odds" of OFO "agreeing" with the EEOC Administrative Judge and affirming her favorable (to me) decision?

This entire thing is killin' me!

Aloysius

freeageless  
#10 Posted : Tuesday, May 18, 2010 1:34:28 AM(UTC)
freeageless

Rank: Senior Member

Groups: Registered
Joined: 7/20/2006(UTC)
Posts: 1,335

I don't know the statistics. However, if they are affirming the EEOC AJ decision which was in favor of the agency, I would estimate the odds at close to 100%. This is because the EEOC is considered to be captives of the agency. In your case, since the AJ ruled in your favor, I would say the odds are probably 60%. However, keep in mind that I don't know your case and I don't know what the statistical evidence is. Therefore, my comments are based on my experience and my subjective feeling.

"In both your esteemed opinions, what are the "odds" of OFO "agreeing" with the EEOC Administrative Judge and affirming her favorable (to me) decision?"
freeageless  
#11 Posted : Tuesday, May 18, 2010 1:39:09 AM(UTC)
freeageless

Rank: Senior Member

Groups: Registered
Joined: 7/20/2006(UTC)
Posts: 1,335

BIGPAPPA, the agency cannot appeal OFO's decision into federal district court, because there is no provision of law that allows the agency to appeal OFO's decision into federal court. Only the complainant is allowed under law to appeal OFO's decision into federal court. If the agency tried to appeal OFO's decision into federal court, the agency would be kicked out because there is no provision of law that allows the agency to appeal OFO's final decision.

Quote from BIGPAPPA

"The agency can go to court but by that time most quit due the amount of money already burned in the appeal stage alone."freeageless2010-05-18 09:47:26
BIGPAPPA  
#12 Posted : Tuesday, May 18, 2010 3:05:46 AM(UTC)
BIGPAPPA

Rank: Senior Member

Groups: Registered
Joined: 2/15/2009(UTC)
Posts: 292

ok thank you


freeageless wrote:
BIGPAPPA, the agency cannot appeal OFO's decision into federal district court, because there is no provision of law that allows the agency to appeal OFO's decision into federal court. Only the complainant is allowed under law to appeal OFO's decision into federal court. If the agency tried to appeal OFO's decision into federal court, the agency would be kicked out because there is no provision of law that allows the agency to appeal OFO's final decision.

Quote from BIGPAPPA

"The agency can go to court but by that time most quit due the amount of money already burned in the appeal stage alone."

postalboy  
#13 Posted : Tuesday, September 28, 2010 10:46:35 AM(UTC)
postalboy

Rank: Newbie

Groups: Registered
Joined: 9/28/2010(UTC)
Posts: 6

I won also last year and the agency appealed the Judges decision also. It has been at the OFO for over 8 months and when I call with my case number to check on it, they tell me it could take up to 2 years to get an answer. I too was awarded 4 years of backpay along with over 100,000 in discrimination damages plus interest until it is paid to me. I told the PO they are crazy because the longer I wait the more they have to pay my attorney and me in interest. Its like money in the bank to me. They did put me back to work though so that would stop the amount of money they would have to pay me in backpay and get work out of what they have to pay. Good luck on the appeal and like I said it takes a while so hope you dont have anything in mind for the money anytime soon!
aloysius  
#14 Posted : Tuesday, September 28, 2010 10:08:35 PM(UTC)
aloysius

Rank: Newbie

Groups: Registered
Joined: 9/15/2009(UTC)
Posts: 18

Thanks for you informative response.
 
I too am still working; never quit, in fact.  My case has been at the OFO since last October and their replies are similar to yours when I call for an "update." 
 
In my case, because of my age, I believe they are waiting for me to die.
 
My monetary "award" is much less than yours......but they still remain obstinate; no offer to settle.
 
The OFO is "staffed" with law school interns who do the actual review of each pending case.  My uneducated guess is that they conclude their review of the cases when fall semester begins.  At that time they turn over the "reviewed" cases to the "deciders" for the final decision in October........let's hope!
 
Thanks for the update and let's continue to update one another!
 
Aloysius
 
 
 
 
postalboy  
#15 Posted : Friday, October 01, 2010 12:25:40 PM(UTC)
postalboy

Rank: Newbie

Groups: Registered
Joined: 9/28/2010(UTC)
Posts: 6

Lets hope that is the case. The decisions that were rendered by the judge should not change unless the laws was applied incorrectly by the judge to base the decision that was rendered. That is what the review by the OFO is. Lets keep our fingers crossed and hope that the answer comes soon.
aloysius  
#16 Posted : Friday, October 01, 2010 9:34:10 PM(UTC)
aloysius

Rank: Newbie

Groups: Registered
Joined: 9/15/2009(UTC)
Posts: 18

From your lips to God's ears, postalboy!

Aloysius

bettyveronica  
#17 Posted : Monday, October 25, 2010 10:05:40 AM(UTC)
bettyveronica

Rank: Senior Member

Groups: Registered
Joined: 6/17/2002(UTC)
Posts: 342

Hi you two:  I'm before an EEOC Settlement Judge.  The Agency has offered to settle two times previously but I was unrepresented.  Now I have a law firm representing me.  I feel like I am almost dead but will keep going.  Do either of you know how this process works?  With this special Judge? Thank you!Heart
roaringtiger  
#18 Posted : Monday, October 25, 2010 11:49:54 PM(UTC)
roaringtiger

Rank: Senior Member

Groups: Registered
Joined: 1/9/2010(UTC)
Posts: 682

aloysius wrote:
I won...yes...WON...an EEOC case in October 2009 wherein the EEOC Administrative Judge ruled totally and completely in my favor.  The Judge's decision spelled out back pay (at a higher graded level) from 2006 to 2007, increase in that salary/back-pay from 2007 to 2009 and then the agency was to offer me a higher-graded position (GS-13).
 
The Agency appealed that decision.  I "appealed the Agency's appeal."
I assume the case is in the hands of the OFO at the present time.
 
Two questions: How long do I have to wait for that decision?  And secondly, I am 68 years old.
What affect will there be on the decision if I retire?  (Or DIE!!!!???)
 
 
What the heck are you doing still working at this age??? Stop being greedy and retire already and give an opportunity to the tons of qualified unemployed youth in this great recession. You baby boomers are a greedy bunch.
bettyveronica  
#19 Posted : Tuesday, October 26, 2010 12:04:31 AM(UTC)
bettyveronica

Rank: Senior Member

Groups: Registered
Joined: 6/17/2002(UTC)
Posts: 342

roaringtiger:  You are kidding, right?  Do you think you can come on this forum and spew your age discriminatory remarks anonymously?  Apparently, yes.  Your remarks are so stereotypical.  The more things change the more they stay the same.  I recommend that if a poster finds an empathetic ear on here, that you private message each other because here is another example of a Fed at their worst.
roaringtiger  
#20 Posted : Tuesday, October 26, 2010 12:26:31 AM(UTC)
roaringtiger

Rank: Senior Member

Groups: Registered
Joined: 1/9/2010(UTC)
Posts: 682

bettyveronica wrote:
roaringtiger:  You are kidding, right?  Do you think you can come on this forum and spew your age discriminatory remarks anonymously?  Apparently, yes.  Your remarks are so stereotypical.  The more things change the more they stay the same.  I recommend that if a poster finds an empathetic ear on here, that you private message each other because here is another example of a Fed at their worst.
 
No you have to be kidding me. There are so many unemployed well qualified youth right now who would literally die to have the job. Meanwhile the greedy boomers don't retire, enjoy social security, pension, medicare and other benefits. And they have the nerve to join the Tea Party, should loudly at the top of their voice about "big government" and calling this generation lazy.
Rss Feed  Atom Feed
Users browsing this topic
Guest
3 Pages123>
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 1.013 seconds.