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#1 Posted : Thursday, May 14, 2009 4:06:19 AM(UTC)

Rank: Newbie

Groups: Registered
Joined: 5/14/2009(UTC)
Posts: 2

I am still in the discovery phase of the EEO process, which has been extended 90 days due to Agency's failure to respond in a timely manner. I am close to the 180 days for hearing, but discovery does not end until June 30, 2009.

A little back ground on my case: I was a witness for a co-worker who filed an EEO claim. Management forced us both to resign 4 days later. The allegations are for poor performance which is not true but Agency has been very difficult in providing document evidence in favor of Complainant.

I have three questions:

1. In my opinion, the EEO investigation was incomplete and failed to investigate or interview many of my key witnesses.
(a) For example, the manager who was the decision maker, delegated another lower manager to inform us of the termination. In the investigation, the investigator interviewed the immediate supervisor and the manager who had been delegated to serve the papers. The investigator did not question the manager who delegated; she is the ultimate responsible decision maker. Her sworn testimony would help tremendously in this case.
(b) Another manager who I also named for the investigator was not interviewed. He is key, since Agency claims I failed to follow instructions on a work item, yet I had consulted a manager about how to proceed. Lots of paperwork is being thrown back and forth between complainant and regional council concerning this issue and I also had a deposition taken. Yet, I cannot get any of my interrogatories answered concerning this issue, and this manager whom I had consulted, it would really help if I had a sworn statement from him saying I had consulted him. I should not have to wait til the hearing to ask this, and continue to waste my time on this point with regional council when simply asking this manager is in order.

Therefore, how do I make a request to the AJ that the investigation was incomplete and I need X,Y,Z interviewed before the hearing?

2. Second question, the AJ has been very lenient with the Regional council in regards to holding them liable to time frames in the discovery process. The Agency (Regional council) has been late on EVERY request and even ORDERS from the AJ. Agency will ask for extensions AFTER the due date, and the last letter did not even ask the AJ for an extension but TOLD the AJ she will be on vacation and WHEN she gets back she will deal with any ORDERS or REQUESTs. Is the tail not wagging the dog here or what??!!???

I served in the military for several years and then went to federal service. In a telephone conference with the AJ and the Agency, the AJ spoke to me as if I was trying to include Obama as a responsible party in my chain of command when I was fighting to prove another employee to be similarly situated. I informed the AJ I was duly aware of the meaning and structure of a chain of command, and silently thought her analogy was totally degrading. Obviously I do not appear to have any credibility or credence or respect from the AJ or the Agency, even though there is a trail of paper evidence to support my claim as long as I can get it out of the Agency.

Is there anything I can do about this AJ to get her to enforce time lines?

3. And lastly, I believe Agency is fabricating documents. Already, management has conflicting sworn statements not only in my file, but when one compares my file with my co-worker who I am the witness for. There is a document that just seemed to APPEAR out of no where a couple of weeks ago. It was never included after the EEO investigator requested all documents, and this internal memo was not given to me when I requested all papers and documents in my personnel record. Out of no where, this document is back dated to about 2 weeks before we were served termination papers. Interesting, this internal memo which supposedly is written by my immediate supervisor, submits it to the manager chain of command as reasons for terminating me, yet many of the allegations were not on my termination letter. I believe this document to be fabricated, because as we get further in this process and as more documents come to light Agency appears to be scrambling to cover their fabricated stories. I want to get sworn statements from each of the managers asking them if they had received this internal memo back in a specific time period when I was still employed because I want to subpoena the computer this letter was supposedly drafted on, because I believe the internal memo was drafted several months after I was gone. I think it was drafted probably 2 months ago or less. I also believe the whole management team is covering for each other and if I have sworn statements from each manager who this memo was addressed to stating they received it when I was employed and then the computer shows the letter drafted way later, then I can really show how this team is fraudulent.

Should I wait til the hearing to do this. Meaning ask each witness, and then ask the AJ for a subpoena. Or should I ask the AJ to interview these managers, most of whom were not interviewed in the EEO investigation and then request a hearing?

Well, this is a lot. I hope I have written things clearly enough to follow and understand.

Thanks in advance.
#2 Posted : Thursday, May 14, 2009 4:12:55 AM(UTC)

Rank: Newbie

Groups: Registered
Joined: 5/14/2009(UTC)
Posts: 2

The very last question, I just want to make clear...

Should I ask the AJ for these managers to be interviewed by a EEO investigator?

And how would I do that?

Points or links to any references would be helpful. Not sure if I am suppose to draft a motion or just a letter.

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