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GWPDA  
#41 Posted : Friday, April 13, 2018 10:23:31 AM(UTC)
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Go to the National Employment Lawyers Association, at www.nela.org and get an immediate lawyer. You'll have to spend some time on the phone but whoever you end up with will be able to tell you what to do next. Good luck.
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SD Analyst on 4/16/2018(UTC)
Mars  
#42 Posted : Tuesday, April 17, 2018 7:02:19 PM(UTC)
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I would like to post an update for those who are interested and maybe get some advice.

The conference call basically went like this:


AJ asking me: "what would you like the settlement to be?"

ME: "I would like the removal action be mitigated to a suspension and for my client to return to work"

AJ to agency lawyer: "and what would you be willing to offer"

the agencies lawyer continues: "Many of the agencies charges are disproved and we are willing to offer time served suspension, and for the appellant to return to work"

My jaw dropped!!

At this point the AJ asks me if I would agree to this settlement and I say that I would. Then she asks the agency's attorney how long it will take him to send me the documentation that I need to review to approve the settlement and he says "by the end of the week" and then I tell her I'll need a few days to look over it myself.

She then precedes the tell the agency's attorney that he's run out of time for Discovery and he says he believes that he had one more day and she says do you need an extension he asks for a deferment and she offers him extension anyway.

The AJ says just in case. And I have no idea what that means.

The AJ then says she's going to schedule a hearing regardless just in case the negotiations for the settlement fall through and something happens.

She also tells the agency's attorney to stay on the line after the conference call to "facilitate the paperwork necessary for the settlement" when I'm no longer on the phone, I mean does that sound normal??

Now I wonder if that's normal procedure it seems scary to me and I don't know if she has to agree to the settlement or the settlement is just between me and the agency? I would assume she must ultimately approve of it, can the AJ not approve it???

Like I said I'm sitting here in a State of Shock..

I wonder if this is really happening or if they'll rescind this or if this is some kind of a ruse or if the judge can say she doesn't agree..

I have no idea, did i win?

Edited by user Friday, April 20, 2018 11:44:00 AM(UTC)  | Reason: Not specified

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SD Analyst on 5/8/2018(UTC)
cboro_guy  
#43 Posted : Tuesday, April 17, 2018 7:50:58 PM(UTC)

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Great job! You did win. Your wife gets her job back.

The AJ is not a party to the agreement: only your wife and the agency are. The AJ will review the agreement for legality but, if it is legal, she will accept it and dismiss your case as settled. Not a "ruse." The agency rep already had settlement authority for the call, so that's great news. The agency rep isn't personally invested in your case and will be happy to resolve it by settlement instead of hearing.

Regarding the hearing: AJs do that to keep the process moving and not let the parties drag out the appeal. The ex parte discussion with the agency after you left the call is a bit odd, but, if it's procedural and not substantive, there's no prohibition to that. Just not good form b/c it leaves you wondering what's going on.

Regarding discovery: the AJ just wants to cover all open issues; nothing more than that.

With that being said, I'll echo what another poster said earlier: the agency can take another action for new misconduct and, if it does, it will likely be another proposed removal. Your wife will have to follow all the rules and keep documentation supporting that she did. I hope her issues have gotten better so she can attend work regularly. If she needs leave in the future, don't forget that she has a FMLA entitlement of 12 weeks/year for a serious health condition. Take advantage of that and it can be used intermittently.

Enough of the negative: have a drink and celebrate.
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Mars on 4/17/2018(UTC)
Mars  
#44 Posted : Tuesday, April 17, 2018 7:51:03 PM(UTC)
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One thing that also scares me its the AJ asked to wave "Ex parte" to discuss something with a agency's lawyer, i dont know if this was in regards to this so called "facilitation of documents" or something damming towards my case

Edited by user Tuesday, April 17, 2018 7:52:29 PM(UTC)  | Reason: Not specified

cboro_guy  
#45 Posted : Tuesday, April 17, 2018 7:59:11 PM(UTC)

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Originally Posted by: Mars Go to Quoted Post
One thing that also scares me its the AJ asked to wave "Ex parte" to discuss something with a agency's lawyer, i dont know if this was in regards to this so called "facilitation of documents" or something damming towards my case


It's normal: the AJ might have put the screws to the rep re issues in the agency's case to help them decide to settle. I'm not sure what the "facilitation of documents" means either, but I wouldn't lose sleep over it. If you and your wife sign the agreement, it'll happen.

One thing to note: your wife will be responsible for paying her portion of her health insurance for that period. She'll get a bill for that.
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Mars on 4/17/2018(UTC)
Mars  
#46 Posted : Tuesday, April 17, 2018 9:00:08 PM(UTC)
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it was more along the lines the AJ wanted to "interject on settlement facilitation" with the agency attorney

In reality i wont be stress free until my wife is at work.
JDSIII  
#47 Posted : Tuesday, April 17, 2018 10:58:41 PM(UTC)
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Congrats! You did it!
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Mars on 4/18/2018(UTC)
Hawaiiannative  
#48 Posted : Wednesday, April 18, 2018 4:24:14 PM(UTC)
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Sorry, I don't really see this as a "win". Nothing will change, your wife will have the same supervisor, same situation. There is no law that makes people be "nice" to you at work. She will be in "retaliation" Hell, they put you somewhere, no one acknowledges you, and you get minimal work, but be there on time, never call in sick, and always be happy, in an environment where people hate you. It is beyond toxic. If she had problems before, she ain't seen nothing yet...
Mars  
#49 Posted : Wednesday, April 18, 2018 6:32:30 PM(UTC)
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Originally Posted by: Hawaiiannative Go to Quoted Post
Sorry, I don't really see this as a "win". Nothing will change, your wife will have the same supervisor, same situation. There is no law that makes people be "nice" to you at work. She will be in "retaliation" Hell, they put you somewhere, no one acknowledges you, and you get minimal work, but be there on time, never call in sick, and always be happy, in an environment where people hate you. It is beyond toxic. If she had problems before, she ain't seen nothing yet...


I get what your are saying. Please try to look at it this way, her losing her insurance and income would seriously be horrific for us. The situation has many other aspects.

Also just weeks after the proposed action was issued the manger retired another manager was moved to another unit. All of the events were very strange. Suddenly her FMLA was approved and the new manger had nothing but kind words and thoughts. The entire situation was demented.

So yeah i hear you but please let me have my moment (i hope). Thanks.
Mars  
#50 Posted : Friday, April 20, 2018 11:26:31 AM(UTC)
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i would like to post an update for those interested

in the call the agency said they would have a settlement by the end of the week, today is Friday at almost 4PM and no contact has been made. I dont know if this contact would be via phone, fax, online, or USPS

So being who i am i would assume none will be made and im back at Square One.

I dont know what the discussion was with the AJ and the agency after the call ended, i dont know what "Interject in settlement facilitation" as the AJ said, means other than what the definition of said words are. Unfortunately the transcript i read only speaks briefly about the call and has no concrete mention of a settlement discussion but does mention it But goes in to extreme detail about hearings and time lines..

It mentions we all waved ex parte with regards to settlement discussions. I was assuming that meant so the AJ could talk separately to us about the settlement but now i dont know if that is the extent of it.

I made sure the agency lawyer has my fax number but i dont expect ill be hearing from anyone. At this point i assume we will be going to a hearing.

Again, thank you to everyone one the forum for your help and positive criticisms.

Edited by user Friday, April 20, 2018 11:45:36 AM(UTC)  | Reason: Not specified

DroneBee  
#51 Posted : Sunday, April 22, 2018 7:54:03 PM(UTC)

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I think this is a win - the Agency stated for your wife to get back to work. Thanks for keeping us posted. Good luck & God Bless!
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Mars on 4/24/2018(UTC)
cboro_guy  
#52 Posted : Monday, April 23, 2018 2:58:43 PM(UTC)

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Originally Posted by: DroneBee Go to Quoted Post
I think this is a win - the Agency stated for your wife to get back to work. Thanks for keeping us posted. Good luck & God Bless!


I agree with DroneBee. Agency reps get behind (or are slack) but rarely do they back away from an agreement in principle. Like I mentioned above, this is why the AJ scheduled the hearing: they know how parties (especially the lawyers, not the clients) doddle on settlement. It doesn't hurt to touch base with the agency rep. E.g., "I was just checking in on the status of the draft settlement agreement. I look forward to receiving it."

Keep us updated. :-)
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Mars on 4/24/2018(UTC)
SD Analyst  
#53 Posted : Tuesday, May 08, 2018 5:26:31 PM(UTC)
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Originally Posted by: Mars Go to Quoted Post
Originally Posted by: Hawaiiannative Go to Quoted Post
Sorry, I don't really see this as a "win". Nothing will change, your wife will have the same supervisor, same situation. There is no law that makes people be "nice" to you at work. She will be in "retaliation" Hell, they put you somewhere, no one acknowledges you, and you get minimal work, but be there on time, never call in sick, and always be happy, in an environment where people hate you. It is beyond toxic. If she had problems before, she ain't seen nothing yet...


I get what your are saying. Please try to look at it this way, her losing her insurance and income would seriously be horrific for us. The situation has many other aspects.

Also just weeks after the proposed action was issued the manger retired another manager was moved to another unit. All of the events were very strange. Suddenly her FMLA was approved and the new manger had nothing but kind words and thoughts. The entire situation was demented.

So yeah i hear you but please let me have my moment (i hope). Thanks.

I know I am late here, but Congratulations! The fact that the Agency's Attorney said "much of the Agency's case was disproved," and that both the Manager that issued your wife the Removal retired suddenly and another Manager was transferred out tells me the Agency knows they screwed this up big time. I hope your wife will be back to work very soon. Hang in there, it takes time to get things reversed. Let us know when she goes back to work. Just think, you helped her get her job back by yourself, no Attorney. This is a great accomplishment.
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