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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.

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Fed guy  
#1 Posted : Wednesday, November 21, 2018 4:41:50 AM(UTC)
Fed guy

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I am in the formal complaint stage. I had one interview with the assigned EEO investigator along with my attorney. They’ve now switched investigators on me.three months into the 180 time that the agency has, they sent me a request for an90 day extension. I agreed to the extension with the hope being that it would further show my cooperation. Now I’m realizing that the extension was because they don’t know they are doing. All I can say is it’s an agency that doesn’t deal with this much. Anyways my question is can I withdraw the 90 day extension after I already signed off on it? Their lack of competence makes this a right to sue issue as there is no reason to drag this out. When is the earliest I can get the notice of right to sue?
frankgonzalez  
#2 Posted : Wednesday, November 21, 2018 6:57:05 AM(UTC)
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Originally Posted by: Fed guy Go to Quoted Post
I am in the formal complaint stage. I had one interview with the assigned EEO investigator along with my attorney. They’ve now switched investigators on me.three months into the 180 time that the agency has, they sent me a request for an90 day extension. I agreed to the extension with the hope being that it would further show my cooperation. Now I’m realizing that the extension was because they don’t know they are doing. All I can say is it’s an agency that doesn’t deal with this much. Anyways my question is can I withdraw the 90 day extension after I already signed off on it? Their lack of competence makes this a right to sue issue as there is no reason to drag this out. When is the earliest I can get the notice of right to sue?
No right to sue is issued. And, if they are truly incompetent, that will help you in the hearing stage. If they failed to properly investigate, even with a 90 day extension, you can request sanctions, up to and including a decision in your favor.

Let them screw it up badly. You tried to be nice..you gave them another 90 days, yet they failed to investigate X, Y, Z. As such, request sanctions as appropriate. Such a sanction such as a finding for you due to their failure to properly investigate.

You can always request a hearing at the 180 day mark....but it makes you look bad after granting the 90 day extension (doesn't look like you granted it in good faith), so may be harder to get a heavy sanction against the agency, if at all.

You should have voted Cthulu...the greatest of all Evils
Fedfox  
#3 Posted : Wednesday, November 21, 2018 3:05:12 PM(UTC)
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Frankgonzalez. How likely is it that an AJ orders sanctions?

Edited by user Wednesday, November 21, 2018 6:16:53 PM(UTC)  | Reason: Not specified

frankgonzalez  
#4 Posted : Friday, November 23, 2018 4:54:46 AM(UTC)
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Originally Posted by: Fedfox Go to Quoted Post
Frankgonzalez. How likely is it that an AJ orders sanctions?
I've seen more these days than in the past. Especially for failing to meet deadlines or investigating properly.

Gerald L., Complainant, v. Elaine L. Chao, Secretary, Department of Transportation, (Federal Railroad Administration (FRA)) Agency
Equal Employment Opportunity Commission-OFO
Request No. 0520180500
Request No. 0520160156
Appeal No. 0120123187
Agency No. 2005-19018-FRA-03
October 11, 2018

Annalee D., Complainant, v. Emily W. Murphy, Administrator, General Services Administration, Agency
Equal Employment Opportunity Commission-OFO
Appeal No. 0120170991
Agency No. GSA-16-CO-Q-0027
October 10, 2018

Miguelina S., Complainant, v. Jeff B. Sessions, Attorney General, Department of Justice, Agency
Equal Employment Opportunity Commission-OFO
Appeal No. 0720160012
Hearing No. 570-2012-00823X
Agency No. OBD-2011-00556
September 27, 2018

Calvin D., Complainant, v. Dr. Mark T. Esper, Secretary, Department of the Army, Agency
Equal Employment Opportunity Commission-OFO
Appeal No. 0120171662
Agency No. ARWSMR15FEB00498
September 25, 2018

Aileen C., Complainant, v. Mark Green, Administrator, Agency for International Development, Agency
Equal Employment Opportunity Commission-OFO
Appeal No. 0120170399
Agency No. OCRD00114F
September 18, 2018

Regina M., Complainant, v. Robert Wilkie, Secretary, Department of Veterans Affairs, Agency.
Equal Employment Opportunity Commission-OFO
Appeal No. 0120170567
Agency No. 200H04052015103266
September 6, 2018

Here are a few cases where the agency was sanctioned (and these are just ones from the past couple of months!). Please note, complainants can also be sanctioned; typically it is for failing to follow the AJ's orders (such participate in discovery, etc).

Do a little googling or go to the library and see if they have a Lexis Nexis account you can use to search EEO cases. I included the case numbers above to help speed up the start of your search.
You should have voted Cthulu...the greatest of all Evils
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