• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

VA employment can they do this

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

nasdaqsam

Member
What is the name of your state (only U.S. law)? Live in NY work in MA. Can a VA human resources manager lie to an applicant to get them to take a job? This was a verbal promise or should say incentive to take the job. And actually the sole reason I took it.

It's a bit of a complicated so didn't want to bore anyone with the details until I knew if they can do this. But if more info is needed please ask.

Regards
Scott
 


cbg

I'm a Northern Girl
Based solely on the information you've provided yes, they can do this. There is no law that says an employer can't have a change of heart, mind or policy after making an offer. While verbal contracts do exist, the problem with them is proving what was said and even more, what was intended.

However, this is definitely one of those situations where the details matter. It is *possible* that if you provided details the answer might change. It's not definite, but it's possible.
 

nasdaqsam

Member
Based solely on the information you've provided yes, they can do this. There is no law that says an employer can't have a change of heart, mind or policy after making an offer. While verbal contracts do exist, the problem with them is proving what was said and even more, what was intended.

However, this is definitely one of those situations where the details matter. It is *possible* that if you provided details the answer might change. It's not definite, but it's possible.
I can definitely give details. This is all about tele work. Couple of quick notes: My position is able to be done 100% tele work. I am also the highest producing person in my office for what we do. Because I am HR we have no union representation. The EEO person is best friends with both my supervisors they are social outside of the work place so no resource there.

The story: I was working at another Gov agency when I applied for another in a location a lot farther away from home. I was called by my now supervisor (Lets call him Jim) for an interview. At the interview and in at least two more phone conversations it was discussed at length about this being a tele work position as I have a yound child at home. I expressed many times I live 4 1/2 hours away and in no way could take this job if it was not. He stressed this would be guaranteed. I asked to put it in writing to which he replied the current director is against tele work but he is leaving in 2 months the new director is all for it and is actually being put into that position because of his pro tele work stance. And then further added that President Obama and higher ups in the VA have been pushing for tele work due to the cost and lack of office space for workers. He stated I just needed to put 2 months in and he would get me tele work, guaranteed. Well two months came and went and the new director took his position. When I asked about tele work I was told give him a few months to settle in and you will get it. That was 7 months ago. I have addressed this with Jim and the next higher up in the office I will call her Rhonda. She gave me one day a week for a few months to be addressed in the future. After addressing this multiple times I had no choice but to go to the assistant director. He authorized 3 days a week to be re evaluated after 60 days.

When this occurred Rhonda broke into a meeting I was having with a Veteran and in a loud and demeaning tone stated. "I just spoke to the director first let me tell you I do not like you going over my head and you are to NEVER ever do that again, with that said because you are a good employee I am going to allow it for a conditional 60 days" It went on with more scolding in front colleagues and veterans but I was happy with the getting the 3 days. This was working out great for 40 days and production had increased. On the 41st day Jim barged into my office while in a meeting with a Veteran and stated he had to see me immediately about a new hire. He marched me down the hall and into Rhondas office were I was blind sided. They meeting was not about any new hire. I was told I had two weeks to get my ducks in a row she was pulling the extra two days of tele work. They stated it was over a late reply to an email which was not factual and I proved as such. And because my tele work was bringing down office mural. In fact is was pure retaliation for going over their heads which was pretty clear.

I just do not know if I have a case to fight for the tele work or just find another job. I love this job and am good at it. I can live with the 3 days a week tele work but can not continue without it and the office has become very uncomfortable.

I am sure there is nothing I can do but before I take a lessor job to get home to my child I wanted to be sure.

Thank you
 
Last edited:

cbg

I'm a Northern Girl
Jim had no business giving you a guarantee that had to be authorized by someone else without getting that someone else's okay first. If you have nothing in writing I'm afraid you're sunk, unless there is something for government workers that I'm not privy to.

I am in no way unsympathetic. I commute 4 hours a day myself. But 3 days a week is better than nothing. Me, I get to work from home if there's a snowstorm and that's about it.
 

nasdaqsam

Member
Jim had no business giving you a guarantee that had to be authorized by someone else without getting that someone else's okay first. If you have nothing in writing I'm afraid you're sunk, unless there is something for government workers that I'm not privy to.

I am in no way unsympathetic. I commute 4 hours a day myself. But 3 days a week is better than nothing. Me, I get to work from home if there's a snowstorm and that's about it.
I agree and can live with 3 days easily and would even come in if they needed me for a short period of time to cover vacations illness etc. I am a team player.

The only thought I had for recourse was he did have no business stating this but as my hiring authority and my supervisor there was no way for me to know he was over stepping his bounds so based my decision on his guarantee. Therefore all though he did not have the authority he was still my superior and I would assume responsible for his actions but how that would change things other than him getting into some kind of trouble maybe a letter in his file and nothing more. I am also going to look back through my emails and see if he ever sent me an email to this effect. If I had an email would I have a case? If so who would I go to?

Again Thank you
 

cbg

I'm a Northern Girl
Even if you find an email that's still not going to force your employer to allow you to work from home five days a week.
 

nasdaqsam

Member
Even if you find an email that's still not going to force your employer to allow you to work from home five days a week.
I don't think I would ever get 5 and really am fine with 3 but obviously they are able to say what ever to induce a person into taking a position with no recourse when they do not come through. Looks like its time to turn up the job search. Thank you
 

cbg

I'm a Northern Girl
In fairness, it doesn't sound to me as if anyone deliberately lied to you. It sounds more as if Jim made a promise that he was not authorized to make. That doesn't mean he didn't sincerely intend to allow it at the time he made the promise.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top