Disabled Veteran fired by USACE for getting hurt on the job! EEOC summary judgement decision pending.

[AkaRandy]

Filed an discrimination complaint several years ago and I have been acting Pro Se in my EEOC case. Seems like the cards are stacked against me, every motion I requested has been denied and after years of waiting, the assigned AG recently cancelled my pre-hearing conference call and scheduled hearing to review Army's request for summary judgement. Seems that I am fighting a loosing battle .... need some moral support and legal assistance if possible. Any suggestions or referral welcome. Thanks.

 

[Shadowbunny]

Filed an discrimination complaint several years ago and I have been acting Pro Se in my EEOC case. Seems like the cards are stacked against me, every motion I requested has been denied and after years of waiting, the assigned AG recently cancelled my pre-hearing conference call and scheduled hearing to review Army's request for summary judgement. Seems that I am fighting a loosing battle .... need some moral support and legal assistance if possible. Any suggestions or referral welcome. Thanks.

Hi AkaRandy;

This isn't a referral site (and we're not much good at moral support). However, if you have a specific question I'm sure someone will have some advice.

 

[AkaRandy]

Thanks ..... so many questions I could ask and I'm not good at this. Not even sure why I reached out other than frustration with the system. I guess I'll have to give this some more thought. Thanks for your feedback.

 

[FlyingRon]

You haven't given us a shred of information that would give us any indication as to what would help you. Things are certainly stacked against the pro se litigant, as they are generally ignorant of the laws and regulations. This is why there are attorneys.

A motion for summary judgments if granted, obviates the need for any other conferences or activity. Essentially it says that even give the most favorable treatment of your claims (i.e., they assume all you say is true), that the cause doesn't merit a judgment other than what the defense is asking for. You'll need to explain things if we are to help.

Start with whether you are in the Army or are a civilian employee.
What is the basis of your EEOC claim?
Have you made a FECA claim for your injuries?

 

[Taxing Matters]

Filed an discrimination complaint several years ago and I have been acting Pro Se in my EEOC case.

Let's start with this. What exactly do you mean by "EEOC case"? Do you simply mean that you sued your former employer pro se alleging illegal discrimination? Or does the EEOC actually have some role in your litigation? You refer to the Army and USACE in particular so I'm guessing that the Army Corps of Engineers was your employer. Is that correct? The role of the EEOC in cases of illegal discrimination claims by federal employees against the federal government is much different than it is for employees of private sector companies. If you were employed by the Army, then FlyingRon's question of whether you were a civilian employee or soldier/officer of Army is important. And specifically what is the claim of discrimination that you have? What did the Army do that you claim was illegal discrimination?

As a general observation, litigation of illegal discrimination claims can sometimes take several years to reach a final decision at the trial court level, and then potentially a few years more in appeals, especially when you are suing the federal government. Federal court is a rough place to litigate a case pro se because the rules are complex and the rules for suing the government have to be followed closely. The Justice Department civil litigators are pretty experienced because all they do is litigate cases in federal court. That gives them an edge over someone who has never done it before. They also have the benefit of asking colleagues for help and advice if they need it, which a pro se party might not have. It is not at all unusual for the defendant to ask for summary judgment; whether the court will grant it is of course something I can't guess at since I've not seen any of the pleadings and other filings with the court and I know nothing of the case you brought against the Army. All you've really said about is that you were fired for "getting hurt on the job". Were you still able to do the job to the required level of performance after the injury? If you had a disability that interfered with doing the job, did you ask for an accommodation to help deal with that disability?

 

[cbg]

I don't know how important a question this is with the military or with a Federal employee, but it would be a very important question in the private sector - how long were you off work for the injury before you were fired?

 

[Shadowbunny]

I don't know how important a question this is with the military or with a Federal employee, but it would be a very important question in the private sector - how long were you off work for the injury before you were fired?

I'll step in here to address this: if AkaRandy was a military member when let go, it would have been a medical separation and wouldn't fall under FMLA. However, I suspect that he's an Army vet who was later hired on as a Dept of Army Civilian (DA) by the CoE. And DACS are covered by FMLA once all the other elements have been met.

 

[FlyingRon]

FMLA doesn't sound like the operative regulation. If you're injured on the job other things apply. We also need to hear what the EEOC complaint is and summary judgment for which side (I suspect the Army) details.

 

[cbg]

FMLA can be applicable even in a workers comp case, in the private sector. I freely acknowledge that I don't know if it applies with the military or a civilian contractor to a Federal agency, but I mention it in case it does. If it doesn't, I'm fine with that.

 

[FlyingRon]

FMLA applies to the civilian side of the Feds.

 

[cbg]

Thanks, Ron.

 

[Taxing Matters]

FMLA applies to the civilian side of the Feds.

And it also applies to help spouses and certain relatives of servicemembers, too, thanks to amendments to the FMLA. The DOL has a good publication that discusses this. See FMLA Military Guide. The spouse/family member must still meet the requirements to be a qualifying employee of a covered employer and the military spouse/relative must be on active duty, but if those requirements are met the amendments expand the reasons the spouse/relative may use FMLA leave.