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Postal EEO Forum

^     All messages            11995-12010 of 12010  11979-11994 >>
Former USPS InspectorPerson was signed in when posted
02:51 PM ET (US)
A good practice is to look at OFO Appeal cases and approach the case according to past case precedent. I searched HIPPA violation in the database and returned 37 hits. https://www.eeoc.gov/decisions/0120100342.txt notes as to claim (1), complainant indicated that her HIPPA privacy rights were violated. We note that the Commission does not have jurisdiction over HIPPA violations. However, the Rehabilitation Act protects employees from disability-related inquires and medical examinations. In claim (1), complainant alleged that she was discriminated against when the agency's official contacted her physician. As such, we find that complainant has alleged a violation of the Rehabilitation Act solely as to claim (1). Therefore, we reverse the agency's dismissal of claim (1) only on the basis of disability. Best is to approach USPS legal with this as an disability (perceived or actual). Find out what would be a "Make whole remedy" for the employee. I observed in my case that initially the USPS Attorney was only authorized $5,000 to settle without having to go for additional approval. An EEO investigation is upwards of $1,500 - $2,200 and FAD writing about $400. So $2,000 - $2,600 contractor costs to the Agency if they don't settle. Hope this helps in figures for settlement.
01:44 PM ET (US)
I have never represented anyone in an EEO but was named as a representative in this case. At the current point of our case, the USPS Law Department has contacted us to obtain demands of the settlement. I do not want to make a mistake in this matter. This in regards to a Hippa Violation. Any advice is appreciated.
Former USPS InspectorPerson was signed in when posted
01:39 PM ET (US)
In the event the Agency takes over 180 days (150 days if OFO appeal on a dismissal is remanded back to the Agency to handle) case OR over 360 days if a complaint is amended (charges added) to investigate your complaint per ALL case precedent you won your case. NEVER agree to an extension to investigate and also annotate if the Agency/Investigator notifies you of the untimely investigation as they are required. I reviewed every untimely/default case and was unable to find a single case that was not won by the complainant/employee. Now I found the best way to lengthen the investigation period is to send additional information/allegations to your assigned investigator to add to your complaint. An amended complaint is worth additional money to the investigator. In my case I did amend my complaint 2x to the investigator and the investigator took 395 days from my formal filling date to get me the ROI. Case precedent dictates that if you get a default awarded to you (absent a hearing) as a sanction the OFO typically remands the case back to the Agency/EEO field Office for hearing but after the hearing/AJ Recommended Decision the OFO has always found for the complainant. Now, going through the entire hearing process and then requesting a default along with any other issues on appeal if the Judge rules against you shortens the process and has always been found in favor for the complainant/employee. I am still awaiting the OFO Order on my case which is untimely investigated/default, Agency FAD failed to rule on retaliation charge, sanction for Judge/Agency Ex Parte meeting/document exchange/bribe discovered at hearing, 10+ EEO affidavit perjury statements by management, agency attorney recusal when he was ID' as an percipient witness at day 1 of the 3 day hearing. Always remember that the OFO and/or Federal District court judges NOT the EEOC judge or FAD are the final authoritative decision makers on your cases.
Postal Employee AdvocatePerson was signed in when posted
12:39 PM ET (US)
Allan Moore m/12003
The first question I have is whether she has already filed an EEO complaint? A federal employee only has 45-days from the date of the adverse action (in this case removal) to contact the agency’s EEO office and request a packet. If she believes that she was treated differently than other employees not of her same protected group or class, then she would indicate the protected class(es) on the form and list the name and class of the comparator employee(s). This is the PS Form 2564-A, or Information on Pre-Complaint Counseling. Keep it short and sweet. You will have an opportunity to provide more detail at a later date.
An employee has only 10-days to complete the form and mail it. The Post Office then has 30-days to conduct an informal inquiry and try to persuade you to participate in mediation and sign an extension. The employee (or counselee, at this stage) will be contacted by an EEO Alternative Dispute Resolution (ADR) Specialist [once known as EEO Counselors] to ask for more details regarding the allegations of discrimination, including what is sought as a remedy. If the employee is represented, that individual should be a participant in any interview or phone conversation conducted by the ADR Specialist. The ADR Specialist is management level and they are not there to represent you. By law they are supposed to be neutral, but that doesn’t always work out.
Once the informal phase is complete, the employee will be mailed a Notice of Right to File a Formal Complaint letter. That form, PS Form 2565, is only a one-page document and you have 15-days to complete and mail it.
The Post Office’s central EEO office in Tampa, FL will be the decision-making entity during the processing of the complaint. They will also decide whether to accept the complaint in whole or in part. The reasons permitted for dismissing a complaint are elucidated in Management Directive (MD-110). It is the EEO processing regulation for all federal agencies. If you’re going to represent someone in an EEO, it would be a good idea to read it.
If the complaint is accepted for investigation, the P.O. will assign a contract EEO Investigator; usually someone who does not work for the P.O. and sometimes is an attorney making an extra buck. All investigators are required to take a 32-hour class to be considered qualified.
S/he will ask the complainant to respond to a series of affidavit questions. This is usually the first opportunity to allude to the existence of evidence that should be in the record. So, if you know there are accident reports on others that would prove that they were treated more favorably, then you can ask the EEO Investigator to ask for those records and include them in the EEO investigative record.
If, for the sake of argument, the EEO Investigator fails to include those records, the employee will have another opportunity to obtain them. Once the EEO Investigator has completed the investigation, a copy of the report is provided to the complainant and his/her representative. Once received, you have 30-days to request a hearing before an EEO Commission Administrative Judge. Once that judge is assigned s/he will advise the parties of the right to engage in discovery. Discovery is the last opportunity for the complainant to ask the Postal Service to produce documents and records that would show comparative, exculpatory and/or evidence of animus or bias. [Requesting copies of all e-mails relative to the accepted issues is a really good source of showing that animus existed.]
Certainly this (former) employee has the right to simultaneously file a grievance and an EEO complaint, regardless of whether they were a union member. If she (or her spouse) was a Preference Eligible Veteran, then she may be able to file in the M.S.P.B. arena. If that was the case, then she should have been provided with a Proposed Notice of Removal first, with a final decision 30-days later. And she would have been provided with M.S.P.B. appeal rights within the language of the removal.
I hope this lengthy response answers your question.
Former USPS InspectorPerson was signed in when posted
11:14 AM ET (US)
I have found success with the VMF regarding accidents since the VMF guys/gals fix those vehicles that are involved in altercations AND may know who was driving it and the extent of damage by employees at the station OR another station that the same manager was at before, long ago. Get the name and info then ask around at the station with the person IDed as having been in an accident. Funny thing is you may find out that the manager/supervisor that fired her was involved in the same or a worst at fault accident in the past and nothing happened to them. Make sure to get dates and names of who you spoke with and what they said. Just get the info and don't tell them what it's for if able. Most of the VMF mechanics/supervisor's don't particularly like managers/supervisors at the stations because they always want stuff or complain about the VMF. Also at issue it seems is her performance but seems like she was not issued an appraisal for the bad performance. This may also be discrimination since others are issued an appraisal let alone management says hers was bad. My prior posts link has that as an issue and he got rehired with back pay. Good luck on your investigation.
Edited 10-25-2017 11:18 AM
NY Wiseguy
09:58 AM ET (US)
First she must appoint you her representative. After this is accomplished you may submit your questions. Is she a union member as EEOC and MSPB are not covered for SCABS. If you choose the grievance system Article 17 and 31 require management to supply the information. If management continues to deny your request file a charge with the National Labor Relations Board for with holding information necessary to investigate a grievance. This would be a slam dunk. Which union you in?

Former USPS Inspector...You know your stuff and to share with us your knowledge is admirable.
Former USPS InspectorPerson was signed in when posted
08:53 PM ET (US)
You can submit info requests to management about the accident issues that occurred in the station with others but I highly doubt you will get anything in return. Management most often does NOT help an employee obtain evidence and leaves that to the USPS contracted EEO investigator and/or Discovery requests after the EEOC Judge orders it. I also doubt MSPB would have jurisdiction BUT I would file a claim anyway IF she wishes to pursue her case. I used my MSPB records in my EEOC case even though MSPB declined jurisdiction of my termination. She might want to file an OWCP claim IF she even slightly feels ANY kind of pain and use her termination records for the accident as proof that the accident occurred on the job. OPM disability filing once she gets medical records might be successful as it was for me. These steps might get her an income as she progresses through the LENGTHY EEOC process. One accident case ruled on by the EEOC are https://www.eeoc.gov/decisions/01972255.txt which seems similar. This citation is only 1 of 307 that popped up on the OFO Appeals site and I only looked at 2 so she may want to look for more. Good luck!!!!
Allan Moore
02:04 PM ET (US)
I am a steward and I have not done an EEO before. I have an individual that was wronged and would like to pursue that option and has asked me to help. She was involved in an auto accident that was not her fault. She was not cited; however, neither was the other driver. Her manager terminated her this. When I reached out to the MCSO he said the manager said the young lady had performance issues as well, and as such, he was upholding her decision. My question is am I allowed to submit information request and if so to whom do I submit it to? I have proof that there are other people of different nationalities, that have had accidents during probation and have been able to keep their jobs, and are still employed today. My question is am I allowed to submit information request and if so to whom do I submit it to? They have treated this employee differently than other employees that have been in the same or similar situation, and I am trying to find a list of all of their employees that were retained after having an accident.
Postal Employee AdvocatePerson was signed in when posted
10:13 PM ET (US)
NY Wiseguy,
Would you please get in touch with me. postalemployeeadvocate@juno.com
NY Wiseguy
02:42 PM ET (US)
Pmstr..can you give us some info on your case? We have many people here with experience and big hearts that will help if they can I once won a MSPB case for a postmaster who never fired anyone. As a postmaster you have Merit Systems Protection as well as EEO. If you can please give us some info on your case.
09:39 PM ET (US)
Help.is anyone on here can help me. Yes i am in management filing an eeo against hr.mgr cant afford attorney but need help and advic
e on whistleblower
SlingshotPerson was signed in when posted
03:40 PM ET (US)
I was told by my boss that he has 3 other EEO and that he got a few complaints that I was talking down to females and that I need to resign or he would fire me. Without the results of an investigation???

He said that I am a large white guy with a deep voice and that 80% of the department is female and 74% is minority and direction/discipline should come from the same....and your point, supervisor???

He also said that if his EEO complaint filers found out that a white guy was getting complaints, then it could be bad for him. This sounds like a threat- illegal

I told him this is discrimination and he said its "politics". He'll probably deny anything you say that he said

I filed an EEO but its my word against his. Unless there is more I don't see an EEO Complaint, you must be able to show harm and you did get a great performance appraisal He is Mid-Eastern. and??? Now he wants to mediate and end this. Any advice?<b>might not be a bad idea for all parties to sit down and work out the kinks/b>.
KIMMIEKPerson was signed in when posted
01:10 PM ET (US)
LARGE white male- YOU cannot file an EEO AGAINST another employee only an employer-- YOU personally cannot file an EEO until your gov. agency does an adverse action against you and discriminates within the categories the EEO lays out on their website - THE fact that this supervisor STATED this to you is merely evidence at this point but is NOT an action that would get you an actual hearing- YOUR union cannot even act until they actually fire you or discipline you for this-- THIS is what I am seeing here with your story. I see MANAGEMENT to blame here for letting it go past the first complaint- IF they did accuse you of anything it should have been done face to face so something is weird here. 3 EEO's later they suddenly come to you and state YOU were the one and they are going to fire you? THEN when they do you have an EEO and your UNION can proceed in the grievance procedure. They cannot just fire you unless what they claim you did falls in the zero tolerance category.
Edited 09-18-2017 01:13 PM
Large White Male EEO
03:16 PM ET (US)
I was told by my boss that he has 3 other EEO and that he got a few complants that I was talking down to females and that I need to resign or he would fire me. He said that I am a large white guy with a deep voice and that 80% of the department is female and 74% is minority and direction/discipline should come from the same. He also said that if his EEO complaint filers found out that a white guy was getting complaints, then it could be bad for him. I told him this is discrimination and he said its "politics". I had my review just a week before with 100% great review. I filed an EEO but its my word against his. He is Mid-Eastern.
 Now he wants to mediate and end this. Any advice?
freegameonlinePerson was signed in when posted
01:15 AM ET (US)

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postalvetPerson was signed in when posted
04:00 PM ET (US)
/m11994 checks are processed from
Eagan Accounting Services
2825 Lone Oak Parkway
Eagan, MN 55121

and sent to your local distribution center to be sent to the post office you work at.

when checks can not be delivered to employees they SHOULD be returned to the distribution center

so check at the last office you worked at and they can tell you if they sent the check back to the distribution center.
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