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Unlawful Termination

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johngagat

Junior Member
What is the name of your state (only U.S. law)? Virginia

I was a Miltech for the Virginia National Guard. I was terminated in November 2014. I appealed my termination and faced an Administrative hearing. The judge at the hearing determined there was no evidence to support the Virginia National Guard's grounds for termination. She recommended I get reinstated. The TAG for the VA National Guard upheld my termination thus disregarding the findings of the hearing. What is my legal course of action?
 
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Shadowbunny

Queen of the Not-Rights
What is the name of your state (only U.S. law)? Virginia

I was a Miltech for the Virginia National Guard. I was terminated in November 2014. I appealed my termination and faced an Administrative hearing. The judge at the hearing determined there was no evidence to support the Virginia National Guard's grounds for termination. She recommended I get reinstated. The TAG for the VA National Guard upheld my termination thus disregarding the findings of the hearing. What is my legal course of action?
You say she "recommended" that you get reinstated, but a TAG isn't bound by the hearing examiner's recommendation. According to Technician Personnel Regulation 752, the TAG has the final say.
 

johngagat

Junior Member
I agree that the TAG does not have to adhere to the recommendation but can he overturn the findings of the hearing? The findings of the hearing were that there was no evidence I did anything wrong. The TAG is required to state the reason he didn't uphold the recommendation but cannot change the finding of the hearing. The TAG stated that he indeed did find evidence to support my termination. I believe that to be unlawful. What is your legal opinion?
 

PayrollHRGuy

Senior Member
If the Judge felt they could only make a recommendation that is all they could make and the final decision was with the TAG.
 

johngagat

Junior Member
Since the TAG is also the defendant, I guess that makes him judge, jury and executioner. Apparently the entire hearing was just a hoax then.
 

Shadowbunny

Queen of the Not-Rights
I agree that the TAG does not have to adhere to the recommendation but can he overturn the findings of the hearing? The findings of the hearing were that there was no evidence I did anything wrong. The TAG is required to state the reason he didn't uphold the recommendation but cannot change the finding of the hearing. The TAG stated that he indeed did find evidence to support my termination. I believe that to be unlawful. What is your legal opinion?
Where are you finding in the regs that he's required to state his reasons or that he can't disagree with the findings? ?

Since the TAG is also the defendant, I guess that makes him judge, jury and executioner. Apparently the entire hearing was just a hoax then.
And you've now gone into drama-llama territory. Perfectly reasonable people will often have differing opinions and perspectives about the same event. Just ask any sports fans from opposing teams.

(BTW, why do you believe the TAG was the defendant, when you're the one who was the subject of the hearing?)
 

johngagat

Junior Member
I stand corrected. Apparently the TAG can overturn both the findings and recommendation. It was a complete waste of my time and resources. Thank you for your input.
 

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