16340Mixed Case Formal Complaint now in Appeal Status w/Merit System Protection Board
- Aug 9, 2008I've been removed from civil service after 21 years. It all started
with harassment in the workplace in which my managers did nothing to
stop it or protect me. After numerous attempts of complaining they
started writing me up left and right which led to susppension(s) and
eventual removal. Throughout the last 2 years of my 21 year stretch,
I ended up developing a severe depression and medical
condition/disorder. Prior to these issues, I had 19 years
of "excellent" civil service performance.
From not getting the protection by managers, I filed an informal and
Formal EEO complaint after 6 months of the harassment onset. After
no action was done from the Agencys' Office of Civil rights
department, I was removed and am now appealing my case with the Merit
Systems Protection Board (MSPB). My last hope for justice.
I am currently in the middle of the appeal process, in which the
Administrative Judge (AJ) has ordered the Agency to provide me with a
settlement by day 35 (Aug 15). I just received a letter from the
Agency Lawyer, asking for "concrete" settlement options that I may be
asking for PRIOR to the AJ coming up with a settlement decision on
I had just provided both the Agency Lawyer and AJ with 2 1/2 years of
evidence (e-mails, letters, co-worker statements, etc), on August 8,
2008. So the AJ & Agency lawyer has not even received my case
I believe the 305 pages of evidence i've been keeping throughout all
this mess will paint the picture of what really happened, versus the
agency focusing on presenting my missed days and late arrivals, most
in which i had valid reasons, medical notes and doctor restrictions
to support. In addtion to the late arrivals, etc. I had FMLA invoked
My mixed case claim includes harassment, retaliation (from previous
EEO complaint), ADA discrimination, and disparate treatment.
My question is, should I provide the agency lawyer with
any "concrete" suggestions of settlement before the AJ has taken the
time to review my evidence?