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bepatient  
#1 Posted : Monday, September 03, 2012 10:27:07 PM(UTC)
bepatient

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I have an EEOC case and requested a hearing but haven't heard anything from the AJ. I submitted the hearing request near the end of June. Also, do you think I need a lawyer. I think my case is winnable.

I've been working for almost 2 years at my agency and have built a case up against them. I kept all my emails and responded to them respectfully and professionally knowing it would come down to filing an EEOC case sooner or later.

Some witness affavidavits were helpful and lies on supervisor's affidavits with my emails to back those lies up. I don't think my supervisor knew I am/was smart enough to cover myself in case of. I have been working in gov't over 20 years. Supv. only been in gov't 3 years. I know most of my rules and regs. obviously he doesn't. Most of what my supervisor answered on his affidavit was "irrelevant" to what I'm claming. (Discrimination, retaliation, age discrimination, harrassment working in an hostie environment).

Supv. also called the building security with firearms to issue me a "proposed suspension." I didn't understand what was going on. I was scared. Also, during this time I had to go to the emergency room and I was diagnosed with heart palpatations something I never had in my life.
neice1  
#2 Posted : Tuesday, September 04, 2012 10:16:29 AM(UTC)
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Did you file a claim with Dept of Labor for the emergency room visit?  You need to.  Did the ER refer you to a cardiologist?  If so, you need to tell him why you got the palpitations, etc.  When you file a work comp claim, your cardiologist will have to write a letter explaining how the stress from your job caused you to get the palpitations.
 
Did you file an EEO on your supervisor for calling the building security on you? 
 
I cannot tell from your post why your supervisor called buidling security to issue you a suspension.  Is that what they do to everyone?
datbehard  
#3 Posted : Tuesday, September 04, 2012 4:57:34 PM(UTC)
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You need to file a trsumatic claim (CA-1) if you have not been back to work. If you have been back, ask supervidor for CA-2 and file that.  Look for a good Dr. that kowns how to write up a proper Narrative of yor problems. "Mr. Mx was traumatized by the actions taken by armed security men to remove him fromth building for no apparent reason. I wish to have the patient be evealuated by pyscistrist Y, to  see if his condition is now (in my medical opinion) causually realated to or aggravated by this present work condition. Key words are underlined and other key is to to find the right Dr. the VERY FIRST TIME!! One that is familiar with Federal OWCP laws and Regulations. You can be hired in position a bum leg, if it gets worse over time ,,,aggravatied by your job, you  are eligible for a schedule award to compensate for the the added injury up to being place on the OWCP rolls full time paying over 60% of your salary and medical benefits tax free. Many options, but you have to research.
bepatient  
#4 Posted : Tuesday, September 04, 2012 11:19:08 PM(UTC)
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I didn't file a claim with the DOL for ER visit didn't know I had to, but I did mention and send a copy of what the ER gave me about my palpatations in the EEOC report. Yes, I was referred to a cardiologist but haven't went yet.

I did mention in the EEOC case my supervisor called armed security to issue me a "proposed suspension." No of course this is not something to do everyone. My supv. was provoking/retaliating against me because I had filed an EEOC claim against. He was seeing if I was going to act out negatively for his own reasons.
bepatient  
#5 Posted : Tuesday, September 04, 2012 11:23:11 PM(UTC)
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datbehard -

I've been back to work it was a Saturday morning I woke and went to the ER and found out because I was so stressed and couldn't sleep because of my supervisor's behavior towards me on a daily basis. The time my supv. called the bldg. security on me and when I went to the ER were different days.

Also can you answer the first part of my question... if you can thanks a bunch really appreciate it...
neice1  
#6 Posted : Wednesday, September 05, 2012 12:32:35 AM(UTC)
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You have 3 years to file your owcp claim, which you definitely should do.  You need to explain to the cardiologist that the palpitations were work related & explain what your supv did to you, etc. & the stress of the whole thing & thinking about it caused you to have the palpitations.
 
Did you file another EEO claim citing retaliation?  If not, you should do that too.
 
 
bepatient  
#7 Posted : Wednesday, September 05, 2012 12:45:05 AM(UTC)
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Oh okay I gotchu with the owcp claim and thanks a bunch...I filed EEOC claim on retaliation, discrimination, age discrimination, and working in a hostile environment..
bepatient  
#8 Posted : Wednesday, September 05, 2012 12:46:23 AM(UTC)
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I have a report of the ROI, so I requested a hearing and I haven't heard anything from the AJ I submitted this request in June...this is wrote firstly! Thanks...
bepatient  
#9 Posted : Wednesday, September 05, 2012 12:47:38 AM(UTC)
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I meant to say this is what I wrote at first if you go back to the beginning! thanks
bepatient  
#10 Posted : Wednesday, September 05, 2012 12:48:53 AM(UTC)
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Neice1 all of these things are in my EEOC case ...
neice1  
#11 Posted : Wednesday, September 05, 2012 2:37:04 AM(UTC)
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The reason I keep bringing up the owcp claim is because it will help your EEO claim, especially since heart palpitations would qualify as a disability in the eyes of an EEO claim if the palpitations keep you from working, standing, thinking, breathing, etc.  Also, owcp will pay you for any time not at work as long as it's due to your injury.  Palpitations can & do come back with more work stress. 
As far as hiring an attorney, I personally think it's a waste of money, because you can do the case yourself as long as you like to read. 
 
Look thru all the past forum posts & you will find much good info to get you started. 
 
 
wizard  
#12 Posted : Wednesday, September 05, 2012 11:48:56 AM(UTC)
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bepatient wrote:
I have a report of the ROI, so I requested a hearing and I haven't heard anything from the AJ I submitted this request in June...this is wrote firstly! Thanks...
i requested a hearing at the LA office in late May and have not had an AJ assigned yet. I have called several times. the last time i called they said they were trying to clear up their backlog of cases for the end of the fiscal year.
datbehard  
#13 Posted : Wednesday, September 05, 2012 2:23:54 PM(UTC)
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This is why the EEOC is a rinky-dink, hockey-pockey joke: <<I have an EEOC case and requested a hearing but haven't heard anything from the AJ. I submitted the hearing request near the end of June. Also, do you think I need a lawyer.>>
 
Send a 2nd request, label it as such (del. Conf.) along with proof (usps.com tracking printout) of Late June request.  You can just take first request, add "2ND REQUEST" at vey top and very bottom of Page and put new date above old June date to make it look very obvious that nothing has been done during this time.
The MD 110 says the AJ is suppose to act Expeditiously.
This means within 20 days!!....stay on top of them and push for the hearing!  Look through the MD 110 where it mentions AJ acting on motions. Don't know it off the top of my head, but let AJ know you're not stupid to their responsibilities!  Probably too busy playing "Farmville". sheeesh.....these AJ's are just a joke!
 
Did you ever do any "Discovery"??
bepatient  
#14 Posted : Wednesday, September 05, 2012 11:01:35 PM(UTC)
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Hey datbehard, thanks for the response...

How do I send a 2nd request and what do you mean by label it as (del. Conf.) I don't know what this means...also I take it to the post office and mail out right and get the tracking # of Late June request add 2nd request at the very top of what...you have me sort of confused as to what to do...I have some inclination but somewhat confused lol...and Discovery??? Remember, I don't know the whole routine to this...I did everything else to get this case to the AJ and that's all..

I didn't mail the hearing case out, I faxed it and also got a copy date stamped here at my EEO cased that showed the request for a hearing was submitted in a timely manner.

I think you're assuming I mailed it out?

Thanks a bunch...
bepatient  
#15 Posted : Wednesday, September 05, 2012 11:02:45 PM(UTC)
bepatient

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bepatient wrote:
Hey datbehard, thanks for the response...

How do I send a 2nd request and what do you mean by label it as (del. Conf.) I don't know what this means...also I take it to the post office and mail out right and get the tracking # of Late June request add 2nd request at the very top of what...you have me sort of confused as to what to do...I have some inclination but somewhat confused lol...and Discovery??? Remember, I don't know the whole routine to this...I did everything else to get this case to the AJ and that's all..

I didn't mail the hearing case out, I faxed it and also got a copy date stamped here at my EEO cased that showed the request for a hearing was submitted in a timely manner.

I think you're assuming I mailed it out?

Thanks a bunch...


I can give you my phone number if you would like to chat I think we're almost there...
bepatient  
#16 Posted : Wednesday, September 05, 2012 11:29:43 PM(UTC)
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datbehard - I just contacted my EEO here where I work and they said a copy of the ROI was sent out here to the EEOC in early July and I have the number to call let's see if someone answers the phone...
bepatient  
#17 Posted : Wednesday, September 05, 2012 11:30:32 PM(UTC)
bepatient

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what office did you call your EEO or EEOC???
datbehard  
#18 Posted : Thursday, September 06, 2012 12:07:42 AM(UTC)
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Bepatient.....I'm totally confused now. So, you are saying you haven't got the copy of your ROI?
 
Did you get the Acknowledgment and Order letter from the AJ.
in this Ack. and Order letter you will find out what discovery is and the STRICT time limits it imposes.
Please see my topic "Discovery, Why don't more people use it?"
 
You can't ask an AJ for a hearing until you get your ROI and then the Ack. and Order letter. If you haven't got your ROI, you will have to call YOUR AGENCY's EEO contact. Every Agency is different. Your Ack. and Order letter may take months to show up after that.
 
PLEASE, Google MD 110 and spend 2 hours reading it.  You can skip over a lot of the parts. Break it down into chapters.
YOU have to become informed or you will have wasted your time in this whole process. Nobody but yourself can do this for you. Direct, specific questions I will help you with, but you have to be educated first (By reading the EEOC bible MD 110). It's no fun trying to save someone who never opened a bible, same with EEO complaint and MD 110.
 
Read, and then we'll talk.
p.s. I send everything Priority mail, Deliver Confirmation (total $6) and with Del. Con. Number I can go to USPS.COM  and track when it was recieved by other party. I then print that page out, staple it to my Del. Con receipt (that the clerk at the PO gave me when I mailed my Document off) and put that with a hard copy of what I sent out.  NOW, I have a copy of what I sent, I have a Del. Con. Receipt and I have a Track and Confirm from the USPS that shows proof the other party recieved it. A Del. Con. # is 20 numbers long in this format XXXX XXXX XXXX XXXX XXXX.......grab a handful (little green and white slips) at your Post Office along with a bunch of Priority flat rate envelopes. You now have the Del Con # to put at the very top of your first page.  Also, when you do a CERTIFICATE OF SERVICE you will type: Delivered VIA Priority Mail, Del. Con. # XXXX XXXX XXXX XXXX XXXX to the below named party on such and such a date (This will most likely be the Agency Counsel you are dealing with).
bepatient  
#19 Posted : Thursday, September 06, 2012 1:07:40 AM(UTC)
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datbehard - LOL we're both confused...yes, I have a copy of my ROI and I requested hearing. I faxed it to EEOC and also took it to my EEO office and they date stamped the hearing request also

...my EEO office sent out a copy of the ROI to EEO early July...I haven't heard a word from EEOC yet...I've read lots of EEOC process's of all of this...I will see if it's EEOC 110 that I read...
bepatient  
#20 Posted : Thursday, September 06, 2012 1:19:03 AM(UTC)
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datbehard - yessir I read lots of this already over and over http://www.eeoc.gov/federal/directives/md110.cfm
Good stuff to know...I was just wondering from anyone who knows about some EEOC things as to why I haven't received anything from the AJ yet and like you said I should've received something from the AJ within 20 days ...
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