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Federal Merit Board

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stillnosleep

Junior Member
What is the name of your state?What is the name of your state? New Jersey


My husband has been working for the Defense Commisary Agency for 18 years. He began in the Air Force, and after ten years got out as a disabled vet. After a year long break in service, he went back to working for the Commisary as a civilian, GS 7.

He has always received outstanding ratings, and in 2004 was sent to an airforce base here as a GS 10, target 11. For several months he performed in dual positions, until finally he was given the position of Semi-perishable manager. Three days later, he was written up for things that had occured in that position prior to his officially receiving that post. This culminated in a three day suspension.

We thought that would be the end of it, but then his supervisor put him on a PIP, and when he asked her to write him a performance improvement action plan, she told him to "write it himself". She continued to write him up for things that were not directly his responsibility. For instance, she wrote him up for failing to perform security checks, when he was not the Security Officer. Finally, she issued him an intent letter, in which she stated she would demote him from an GS-10 to a Wage Grade 4 (about thirty thousand dollar a year reduction). We wrote a very long rebuttal to her charges to her supervisor, the deciding official, in which we answered point by point the charges against my husband. After several months, the deciding official initiated the demotion, without stating his findings as to the accuracy of her charges.

We have hired an attorney, and we are taking this to the Federal Merit Board. But while the attorney acknowledges that this people are "B*st*rds",
he just doesn't seem to be as 100% certain as to our winning. This surprises me given the overwhelming examples of their, as the attorney say "animus" towards my husband.

Is this the way attorneys are trained to behave? Does anyone know anything about the Federal Merit Board system, and how these types of cases turn out?
 


S

seniorjudge

Guest
stillnosleep said:
What is the name of your state?What is the name of your state? New Jersey


My husband has been working for the Defense Commisary Agency for 18 years. He began in the Air Force, and after ten years got out as a disabled vet. After a year long break in service, he went back to working for the Commisary as a civilian, GS 7.

He has always received outstanding ratings, and in 2004 was sent to an airforce base here as a GS 10, target 11. For several months he performed in dual positions, until finally he was given the position of Semi-perishable manager. Three days later, he was written up for things that had occured in that position prior to his officially receiving that post. This culminated in a three day suspension.

We thought that would be the end of it, but then his supervisor put him on a PIP, and when he asked her to write him a performance improvement action plan, she told him to "write it himself". She continued to write him up for things that were not directly his responsibility. For instance, she wrote him up for failing to perform security checks, when he was not the Security Officer. Finally, she issued him an intent letter, in which she stated she would demote him from an GS-10 to a Wage Grade 4 (about thirty thousand dollar a year reduction). We wrote a very long rebuttal to her charges to her supervisor, the deciding official, in which we answered point by point the charges against my husband. After several months, the deciding official initiated the demotion, without stating his findings as to the accuracy of her charges.

We have hired an attorney, and we are taking this to the Federal Merit Board. But while the attorney acknowledges that this people are "B*st*rds",
he just doesn't seem to be as 100% certain as to our winning. This surprises me given the overwhelming examples of their, as the attorney say "animus" towards my husband.

Is this the way attorneys are trained to behave? Does anyone know anything about the Federal Merit Board system, and how these types of cases turn out?

Your attorney is 100% correct.
 

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