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Equal Employment Issues for Postal Employees

Equal Employment Opportunity Discussions
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^     All messages            1481-1500 of 1500  1461-1480 >>
1500
Jeanne Grace
02-22-2018
07:34 AM ET (US)
 my case has a judge assigned an attorney .
 attorney has asked for me to sign the waiver He can have access to of my medical file,
And anyone at the USPS that needs to see it .
Also askedfor permission go into my social media network. It seems very intrusive.
1499
Former USPS InspectorPerson was signed in when posted
02-18-2018
06:33 PM ET (US)
Once the agency ROI is sent to the complainant the agency has completed its period of investigation. MD-110 directs the complainant "during the investigation of the complaint" NOT after completion of the investigation which the complainant MUST determine within 30 days either to request a FAD or hearing. Sending an processing complaint to the agency EEO that you have an problem with your ROI AFTER the investigation and while complainants have only 30 days seems to be met when they read your default motion. Even in the event the Judge denies a default motion most likely the Judge will order the agency to remedy the problems raised in the default motion. Complainants hope is that the agency is untimely or fails to even respond to your default motion. In any event the ultimate decision in NOT up to the Judge and will be determined by the OFO. Try as best you can to win your cases both by procedural issues AND by the merits.
1498
Former USPS InspectorPerson was signed in when posted
02-18-2018
06:09 PM ET (US)
When complainants are pondering requesting a default judgement in their favor they MUST cite past EEO case precedent (cases similar to yours that the OFO upheld an default against the agency). Good cases are https://www.eeoc.gov/decisions/0520080052.txt "Commission affirms AJ decision to grant default judgment to protect the "integrity of the process" where investigation was not timely." Also https://www.eeoc.gov/decisions/0720050055.txt "Default judgment upheld where agency failed to develop the record and properly respond to discovery." These type of winning cases would NOT have been obtained if the complainants removed their cases from the EEOC process and filed in Federal court BECAUSE the Federal court is not interested in ruling on procedural problems while cases are with the EEO and only interested in the Federal Court procedures along with the merits of your particular case. Agencies are increasingly having problems not completing adequate investigations in a timely manner because of the large volume of cases being contracted out to private citizen investigators without conducting appropriate quality control analysis of completed investigations. The EEOCs processing times are increasing to such an level that in the event that the agency inappropriately dismisses a complaint and that complaint is remanded back to the agency the contractor fails to timely complete the investigation.
1497
Postal Employee AdvocatePerson was signed in when posted
02-18-2018
06:04 PM ET (US)
Former USPS Inspector /m1496

What you are suggesting is not protocol, according to the MD-110. Chapter 5, Section IV(D) states:

 If a complainant is dissatisfied with the processing of his/her pending complaint, whether or not it alleges prohibited discrimination as a basis for dissatisfaction, including that agency counsel/representatives improperly interfered during the investigation of the complaint, s/he should be referred to the agency official responsible for the quality of complaints processing. Agency officials should earnestly attempt to resolve dissatisfaction with the complaints process as early and expeditiously as possible.

If you fail to follow protocol prior to filing a Motion for Default Judgment, the administrative judge could deny the motion. It’s best to follow the protocols of the MD-110 if you want to increase your odds of prevailing in your complaint.
1496
Former USPS InspectorPerson was signed in when posted
02-18-2018
03:51 PM ET (US)
When employee/complainants receive an agency EEO Report of Investigation (ROI) of their case/complaint they should review the ENTIRE contents of the ROI (All documents) immediately. Prepare a "Motion for Default Judgement" to submit with your TIMELY request for a hearing BOTH to the Agency and EEO. Your motion should specifically point out the problems you find in the ROI (failure to obtain affidavits/evidence from witnesses and/or inclusion of evidence you previously provided or you are aware of that exist). This will put the EEOC and Agency on notice that you see problems in the ROI of which the agency may not timely respond/refute. If they do respond the judge will issue a decision regarding what the judge feels the agency needs to do further to make the ROI acceptable. Hope that the agency is untimely in responding to the motion and thus won't be disputing your requested default. Good luck and hope all works out well!!!
1495
Postal Employee AdvocatePerson was signed in when posted
02-18-2018
12:51 AM ET (US)
Jazzie01 /m1490

In the administrative arena you will not be entitled to have a representative assigned to you. Once you go to Federal District Court, and you want the judge to assign you an attorney, you will have to file a Motion In Forma Pauparis. You’re filing a motion that you are a pauper. You’ll have to submit a financial statement to prove it, but don’t count on that happening.
 If you believe that your complaint was not properly handled, your option is to file a Dissatisfaction with Complainant Processing to the Manager of EEO Compliance & Appeals for the Postal Service’s Area Office. Don’t expect him/her to make any rulings in your favor, however, you are required to bring your concerns to the agency first, before raising it with the administrative judge.
1494
r mcluen
02-16-2018
10:46 PM ET (US)
I was part of the Pittman class action settled last year I received a check 3 days ago dated June of 2017 with expiration of dec.2017 has anyone had this same problem phone number I called has a full mailbox .wait 10 years and check no good !! shady lawyers!any help would be appreciated !
1492
jazzie01
02-16-2018
04:12 AM ET (US)
I provided affidavits to my EEO Investigator to show they keep lying and changing their lies. The affidavits we're not included in my Investigation report once it was complete. I noticed several things we're not included that I provided to my Investigator assigned to my Complaint!
1491
jazzie01
02-16-2018
02:32 AM ET (US)
Also request legal counsel be assigned to assist you. Filing can be complicated and an amendment too.
1490
jazzie01
02-16-2018
02:30 AM ET (US)
If you decide that you want to file in Federal District Court you can write the court or go directly to the court and request all fees, cost, and securities be waived if you cannot afford to pay which many of us can't. Have all your paperwork attached to include OFO number. Make sure you include application including all your bills. You can go into the court they have the forms. They will file and give you your case number.
1489
Former USPS InspectorPerson was signed in when posted
02-15-2018
10:16 AM ET (US)
I would be VERY surprised if ANYONE could point to a single case of a "regular joe/jane" employee being assisted by the Office of Special Counsel (OSC). I contacted the Officer of the Day at the OSC about my case advising them that I was being retaliated against for reporting criminal wrongdoing "Whistleblowing" to the OIG, Police Dept, State Court and Congress. The OSC said they MIGHT handle/address complaints if they are provided with an Report of Investigation (ROI) from an OIG/EEOC that states clearly the agency is in violation of Whistleblower laws or the EEOC requests that an agency/employee be prosecuted/disciplined for laws it enforces. For Federal employee EEO complaints the OSC is the ONLY enforcement entity outside the agency and since they don't claim any credit for prosecution then they don't ever have any real life purpose. Since the USPS OIG has NEVER issued a report finding the agency violated Whistleblower/retaliation laws then the OSC by virtue of that has never received a report in which they took action on. This is substantiated in the agencies Semi-annual reports to Congress over the past 10+ years. Basically an agency is not going to ask the OSC to prosecute them. BUT even though I don't have much regard for the OSC I encourage anyone/everyone to call them for input on your specific situation.
Edited 02-15-2018 10:48 AM
1488
Jeanne Grace
02-15-2018
07:43 AM ET (US)
Has anyone ever been helped by the office if special counsel?
1487
Former USPS InspectorPerson was signed in when posted
02-13-2018
12:08 PM ET (US)
@Helpless in SeaWA, It sounds like the USPS is investigating you for OWCP fraud. If this is the case then it would answer the question as to why your e-mail/phone texts ect... have been messed with also the decrease in your monthly payment. I suggest you locate an Federal OWCP attorney. The Seattle area should have a local service to put you in touch with attorneys (ACLU) that represent homeless clients free of charge. If you don't find an attorney and the USPS/DoJ Attorneys Office arrests you on charges of OWCP fraud then the Judge most likely will make sure you have an attorney that the court would likely pay for. In the event the Judge determines the USPS hacked your computer/phone illegally (without a warrant) then the only thing that would happen is that the information they got from the hacking could not be used against you in court. Nothing would happen to the Inspectors that hacked you. Inspectors are for the most part personally immune from criminal liability while in the performance of their duties. Case in point are incidents like Ruby Ridge and Waco in which Federal Agents killed people and nothing happened.
1486
Regina Hunt Martin
02-13-2018
12:38 AM ET (US)
Attn Former Inspector
Former inspector 1482 Please help I need an attorney in Seattle WA. Postal Service and Inspector hacked my email. Simply reply via posting on this site Inspection and Doctors are being corrupt here. All phone and laptops have been hacked
Post back to Helpless in SeaWA. Not my email I am homeless and payments OWCP have been reduced more than half $3200 down to $1200 monthly
Edited 02-13-2018 12:40 AM
1485
Postal Employee AdvocatePerson was signed in when posted
02-12-2018
04:04 PM ET (US)
Desperately seeking help /m1480

I did post an article a few months back explaining a new court case, EEOC v. Cognis, where the court found that Last Chance Agreements constituted “illegal coercion” and “anticipatory retaliation”. You probably won’t find it because anything that I post is deleted within a day or two. Look me up on the Google and then give me a call.
1484
RivkahPerson was signed in when posted
02-11-2018
08:11 PM ET (US)
Desperate. The post office does not give loans. If you have money in the tsp you can take a loan or withdrawal. You can call them for information on your options.
1483
RivkahPerson was signed in when posted
02-11-2018
03:46 PM ET (US)
Former Inspector, Desperate There was information posted on here awhile ago about LCA's by Postal Employees Advocate. There had been a new ruling and he was trying to get information to people who had been terminated because of them. Desperate. You can call 211 from most areas for information about resources for housing and other needs you may have due to unemployment.
1482
Former USPS InspectorPerson was signed in when posted
02-11-2018
02:08 PM ET (US)
Anyone that is involved in the EEO process should utilize any and all other available remedies (OPM, Internal, FMLA/DoL, OWCP, UI, OIG ect...) along with reporting their issues to ANY authority (police, congress, senate ect...) in part because often times the response the Agency supervisors/managers/executives gives to questions it answers back to any of those entities can/should be used against them in your EEO cases. For example, supervisors/managers/executives response to questions in the OPM Disability application they MUST answer and sign then return to YOU too include in your paperwork packet required by OPM specifically has questions about attempting disability accommodation and other related questions about what they know or don't know. In my case the answers they gave in EEO affidavits are different than what answers they gave to OPM, OIG, OWCP ect.. Provide these documents to the EEO investigator to include in your investigation with specificity as to what questions they provided false answers too.
1481
Former USPS InspectorPerson was signed in when posted
02-11-2018
10:47 AM ET (US)
@Desperately seeking help, I feel your pain as I also filed an EEO, Inspection Service, Police Report, court restraining order, OIG complaint, complaint to Congress and Senate then was terminated. Upon termination (or until 10/10/2018 for you) I filed and was approved OPM disability along with a TSP withdrawal but was not able to keep my house of which I was evicted and was foreclosed. Using credit cards until my TSP and OPM disability retirement processed kept me fed and housed. I hope you are able to get a charge of RETALIATION added to your EEO (for the termination) but since it is over 45 days since your termination back in Oct 2017 you may not be able too. Unless you can use a more recent Agency appeal decision date that is within the last 45 days regarding the termination. Count on the EEO process to take YEARS and make sure to apply for jobs because we are required too if we want to qualify for back pay at the end of the EEO process. Good luck and keep strong.
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