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16340Mixed Case Formal Complaint now in Appeal Status w/Merit System Protection Board

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  • Janet
    Aug 9, 2008
    • 0 Attachment
      I'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
      his own.

      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
      evidence.

      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
      for self.

      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?