QuickTopic logo Create New TopicNew Topic My TopicsMy Topics News
Skip to Messages


Postal EEO Forum

^     All messages            11847-11862 of 11862  11831-11846 >>
N.Y. City Wiseguy
04:59 PM ET (US)
You lack standing meaning your not the complainant. Did the DOL cite the section and language for the denial? I bet they didn't. Need to know the reason why other than what they told you.
KIMMIEKPerson was signed in when posted
03:12 PM ET (US)
N.Y. City Wiseguy
12:03 AM ET (US)
Greetings NY -- I tried to file a complaint with DOL FMLA department when they disciplined a co-worker for taking off the third of July for their already accepted medical condition and they told me the do not handle individual cases like this only if the USPS as a whole was NOT using FMLA in the correct manner. I am very confused about this
Edited 08-19-2016 03:12 PM
SlingshotPerson was signed in when posted
12:38 PM ET (US)
EEO counselor Are you actually an EEO counselor? Are you a current, formal or retired postal or gov agency employee? ?
Are you an attorney? Please cite your credentials/background.
Management & Union Abuse
12:37 AM ET (US)
I will check it out
EEO counselor
05:05 PM ET (US)
I have written a course to help people with discrimination complaints which is designed to help you win or settle your case.
The course can be found at www.lulu.com and search Justice by John Corbett
Spam deleted by QuickTopic 07-30-2016 01:06 AM
03:46 AM ET (US)
June 10, 2016
P & K Client Wins Promotion Up Eight Pay Bands

In his April 22, 2016 Decision (Ware v. USPS, EEOC Nos. 531-2011-00122X, 531-2012-00029X), an Administrative Judge of the EEOC awarded P & K client Anthony Ware a promotion up eight pay bands, from EAS-17 to EAS-25, in a case whose underlying facts go back to 2009. From 2009-2010, Mr. Ware had applied for several promotions, but despite his excellent qualifications, was not selected for any of the positions he sought. Believing that discrimination and retaliation were at work, Mr. Ware engaged Passman & Kaplan to litigate the case. After years of intense litigation, the Judge agreed with P & K’s argument that Mr. Ware should be awarded the highest-level position for which he applied and was deemed qualified, ordering the Agency to pay more than six years of back pay, with all reasonable step and pay raises Mr. Ware would have received had he been promoted to the position in 2010, as well as attorney fees and costs, and more than $20,000 in additional compensatory damages. Mr. Ware was represented in this case by P & K Senior Associate Johnathan P. Lloyd.
11:38 PM ET (US)
Thank you all for your help. Clearly you put some time and effort into researching this on my behalf. I did speak to two attorney's but of course they wouldn't work on a contingency and I was open to spending money for legal defense but they both said it was "Iffy" and they both recommended I sign the LCA. Couple that with my deadline of signing the LCA was this past Friday. I did get them to give me three extra business days but it came down to signing the LCA or being removed. I cannot afford to lose my job so I regretfully signed the LCA this afternoon. Sorry, folks. I had no choice so I'll have to just do my very best to not have any hiccups for the two years it will be in my file. I go back to work in two or three weeks. I'm depressed but I still have a job. I will continue to seek help outside USPS should any issues arise. Thank you for all your help.:(
N.Y. City Wiseguy
11:42 PM ET (US)
When you attempt to find employment while under suspension or discharge the Employer knows you are returning to your PO job. What you do is compile a list of Employers you sought a job, date, time and person you spoke with. As a former EEO, MSPB, Arbitration advocate and Unemployment Rep I been around the block a few times.
ALWAYS LEAVE A PAPER TRAIL. This insures that you followed procedure and the facts to back you up. If you encounter difficulty filing a complaint contact your Congressional Rep. If he/she sits on their ass your next stop is your local tv/radio station. Remember, you have a paper trail. DOCUMENT EVERYTHING YOU DO, names, dates times, subject matter, the person you spoke with etc.
If they attempt to terminate you for practicing your rights, filing a complaint, the DOL will immediately drag their worthless asses into court for a BLATANT violation. The fines could be substantial and impact their bonus blood money.
Former USPS InspectorPerson was signed in when posted
01:53 AM ET (US)
@DCSPostalWorker, I did a google search of N.Y. City Wiseguy DoL reference and found this http://www.fmla.lettercarriernetwork.info/...omplaint%20Form.pdf but I suspect that either 1 of 2 things will occur if you file 1) the USPS leaves you unemployed and you fight to get back by order of an authorized entity (MSPB, EEO or Fed Court Judge) or 2) USPS get scared and gives you everything you want to keep you from going to the DoL. Don't count on the OIG or Inspection Service to get involved. I am not sure that an DoL wage and hour complaint results in a timely result. Maybe your Congressman will do an inquiry if you request but some reply "I don't get involved in HR issues". Keep in mind that under ELM rules the USPS does not have to pay wrongfully terminated employees if they are able to work and/or don't seek employment while terminated (duty to mitigate damages) and if persons are unable to work while they are terminated then they are not entitled to back pay. Good luck and the fight is real.
Edited 07-23-2016 02:15 AM
N.Y. City Wiseguy
12:03 AM ET (US)
You can file a complaint with the Dept of Labor in matters concerning FMLA. Management does not like craft people going outside, "the system" as management has no control over the proceedings. DOL will represent you at no cost if they accept the complaint. The more you arm yourself with information, study EEO, MSPB and other laws the better the chance they will move onto someone who doesn't fight back. jus saying
10:49 AM ET (US)
KIMMIEK hope you win big post 11722. and we know the union is giving us all up,they have to much leeway.WE STAND AS ONE.
Former USPS InspectorPerson was signed in when posted
03:00 PM ET (US)
@DCSPostalWorker, unfortunately if you don't have MSPB protection status, money to fight in court or the Union won't put forth the effort to fight for you then the LCA is the only way I can see you getting back to work. The OIG and Inspection Service care little for FMLA issues and leaves it to management to deal with. FMLA law retaliation by termination is rarely enforced and management knows this so anyone going out on FMLA extended leave risks termination unjustly with a situation like yours. Now the USPS opens itself up for employees terminated on FMLA to apply for Disability Retirements. You have the doctors records that say your out of work and management terminates you (refuses to accommodate the sick) then generally you meet Disability requirements. If your out to care for a family member then Disability is not an option. Good luck and it is very unfortunate but a fact of life that this is the way the USPS operates for some/enough people.
08:04 AM ET (US)
Yes, my union rep knows and he told me that he thought this was a fair offer by Postal Management. In my opinion he either doesn't have a clue and should be removed as our local union President, is a chickensh!t and is afraid to fight for my rights, or has aspirations to gain a management level position one day and appeasing them.I have until tomorrow to sign the LCA or get removed. I want to refuse to sign and fight this and hopefully win. However, I really need my job back and and the five months off has caused a financial hardship for the family. I was warned about attendance last year for missing days here and there but they were all FMLA related to my health. I have several doctors who signed off on my FMLA paperwork and insist that my time off was necessary for my treatment/rehabilitation. Not related to alcohol or substance abuse. I was told by someone in HR that Postal management doesn't feel that my medical issue was not worthy of FMLA protection. I didn't know they had the power to overrule the law.

First of all, I suffered financial shortfalls that really impacted the family and even dented my credit a bit as I was unable to satisfy all my creditors but I am still, slowly, paying every one of them back and will fulfill my obligations. Second, I was released by my doctor(s) the first part of February and when I went back to work I was denied access to the facility and was told that they were in the process of terminating me. I was sent home and made it to step 3 and then sought out legal representation and his reaching out to HR must have got them to offer me my job back but I have to waive all future rights and will not get my five months pay re-reimbursed or all me leave they bled me dry with. For the record, I am a ten year Postal employee.

I just don't want to refuse to sign the LCA and then lose my job permanently. That would be devasting.

Thank you!
KIMMIEKPerson was signed in when posted
06:06 AM ET (US)
OMG you did nothing wrong and it is NOT fair! Does your union know this is happening? You need some form of representation as they CANNOT fire you for FMLA!!!
02:36 AM ET (US)
My station attempted to terminate me after I came back from three months FMLA leave at the beginning of February. It went to step 3 and they finally relented. They are offering me my position back but want me to sign off on an LCA and that I get no back pay or any other compensation for the five months I've been out of work trying to get my job back. I was told that this was not negotiable. I am thrilled to get my position back but feel this is unfair. Why would I not be compensated for something they now admit they were wrong on? Should I just take the job back and let it go? Any help/advice would be appreciated.
Edited 07-21-2016 03:27 AM
^     All messages            11847-11862 of 11862  11831-11846 >>