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Federal Employees: You be the Judge

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#21 Posted : Tuesday, April 16, 2019 8:33:47 AM(UTC)

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I wouldn't trust my former agency to clear my record even if they said they would in a settlement agreement. The agency has no integrity. Plus, those facts may still need to be disclosed in certain situations. They can "erase" it from the record but everyone knows it still happened. I actually like the idea of my agency retaining it. That way, there is always a record of how low they stooped to protect an idiot who should have never been given a position of authority.

Good luck, SAO. I get the impression that your outcome will be a lot better than most.
Small Agency Oversight  
#22 Posted : Tuesday, April 16, 2019 9:04:54 AM(UTC)
Small Agency Oversight

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thanks nightchop. i do believe I will have a good outcome. this forum has been invaluable. I was fortunate to retain a respected firm early in this process (people can certainly message me for information about my firm).

I believe my case is strong (the agency proposed my termination for "inappropriate use of a computer system" that had no access policy, training, or guidelines; they admitted in their "investigation" that the evidence was "circumstantial," and the proposing official was overly involved in the "investigation" they used to justify my termination; I have credible, job-related explanations for my usage). I am fighting them both through EEO (representing myself thanks to the good advice on this forum) and MSPB (with aforementioned counsel). the statistics certainly give me pause, but I am fortunate to have a bipartisan issue (my small agency has no inspector general, and thus, no oversight!) where I have been able to hit the agencies with inquiries from both the right and the left (2 Democratic legislators & right wing think tanks/media).

using the EEO process has certainly reduced my discovery costs and given me documents I would not have had access to prior to discovery in the MSPB proceeding. I have also made good use of the FOIA process to stockpile evidence of the agency's fraud, waste and abuse to generate interest on both sides of the aisle. i hope to continue advocating for Small Agency Oversight beyond my individual case. stay tuned...
#23 Posted : Tuesday, April 16, 2019 9:16:34 AM(UTC)

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Originally Posted by: nightchop Go to Quoted Post
Originally Posted by: Small Agency Oversight Go to Quoted Post
This is so unfortunate.

It really is. But that's why some agency attorneys are so arrogant. They are banking on you dropping the case and if you don't, they'll just solicit their interagency contacts (some of whom are supposed to regulate their behavior) for favors.

It perhaps may be viewed as unfortunate, but DOJ attorneys generally are not solicited by agency attorneys. Rather, the fact is the Department of Justice is responsible for providing representation in all cases where a federal agency is sued. They may use agency counsel as co-counsel, but technically they are the federal government's litigation attorneys. DOJ lawyers litigate in all of the federal district courts nationwide through the local U.S. Attorneys Offices. The EEO cases are handled by attorneys in the Civil Rights Division, or at least they were when I worked in the area. Sometimes DOJ will assert that its lawyers are entitled to handle lawsuits even when the agency involved has been granted independent litigation authority and the agency would prefer to handle the case by itself. Believe me, the relationship between the DOJ attorneys and agency attorneys is not always a harmonious one, although it generally is quite professional.
#24 Posted : Tuesday, April 16, 2019 9:26:03 AM(UTC)

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Originally Posted by: Small Agency Oversight Go to Quoted Post
Frank if you review documentation for folks I’d be happy to send mine to you, you are very knowledgeable and have been a huge help with your posts

I’m litigating this because the agency issued a 2-week suspension. The agency claims that the EO prevents them from altering my personnel file (certainly not true, my Senator has confirmed with OPM that they can clean the file if they admit error).

agencies are still settling and clearing records. it’s unfortunate that mine refuses to do so...
Pm me and I'll send you my email and agency. If you are not in my agency (and as I am in a large agency, likely not), I'll give it a once over and give you my feedback/recommendations.

You should have voted Cthulu...the greatest of all Evils
#25 Posted : Tuesday, May 28, 2019 12:24:47 PM(UTC)

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Originally Posted by: DroneBee Go to Quoted Post
Originally Posted by: militarybrat Go to Quoted Post
I would like to know if, during your Agency's investigation of your EEO complaint, the Government attorney was involved in your investigation/fact finding? Were they physically present, did they ask questions, etc? Any information or insight is appreciated.

The EEO *IS* the agency - the EEO reports to your HQ/unit head/etc. The agency's attorneys are involved in everything and all steps. The "system" is horrible and these agency attorneys are the lowest scum on earth - they forge documents, lie, etc. and have no legal ethics. I can see why these agency attorneys are not on the outside - they couldn't handle real legal work. It's easy to win when you control all aspects "behind" the scenes (shooting fish in a barrel).

Now that you are obviously in this EEO "system" fighting, be as nice as you can to the agency attorneys, etc. Everything you say will be used against you - and even some things that they make up will be used against you.

God Bless.

Very true. This has been happening to me every step of the way and I'm fighting back in a way the agency never expected or anticipated. The things that have exposed in the investigation will open up the aperture and a judge can see how the agency has been abusing employees, using the "legal adviser."
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