Ghosted by employer, but they keep me active as a "no-show" to manipulate

[redrayya1]

Indiana

Federal Agency in Indiana. Temporary worker who worked 40 plus a week since June. Never late, never called off.

My questions: Is there an Indiana labor board? Can I report a federal agency to this board? Who do I file an online complaint with?

In late Dec., I and another temporary worker were told by my federal employer that our temporary positions were going to end on 12/31--this was sent down from the top. I was hired in first, she second, and this federal agency runs on strict seniority.

A few days before 12/31, the big boss told us he'd gotten permission for the terms of our appointments to be extended. Next day, I got a call from a lesser, nervous supervisor, saying that my paperwork to stay had "been lost in email" and that I shouldn't come in until they found it. They said the other temp's paperwork had arrived. She had more flexibility with hours, but it seems they had to "edge me out" because of my temp seniority. (Yes, even temps have a hierarchy). They couldn't have kept her, without keeping me. They ghosted me and wouldn't answer when I asked if they'd found it. I got the hint. But, there's more. Story isn't over.

Fast forward three weeks. They are keeping my status as an active employee, but one who is not showing for work (it says so on the virtual time-card). This is federal and it's all online, and I am still active in the system; I'm just being counted as a no-show. They are doing this with another non-temporary person, too. We've both tried to text them and call them to detach ourselves from this place of employment. They don't answer. HR seems to be circling the wagons. They aren't answering either. This isn't about unemployment. I cannot collect because I have a second job, but I don't need them manipulating my status for their convenience, and it will eventually turn into an AWOL termination.

The reason they are doing this (I've been told by union stewards): because if it looks like we are employed and no-shows, they can get away with having subs and part-timers fill the positions. No red flags will be raised up the chain in terms of staffing. If they show that they actually blew us off (or whatever they did), they have to go through the formal process of petitioning the higher-ups to be able to hire more people, so they are making it look like we are not showing up, but active employees.

What can I do? How can I get myself detached and what legal recourse is there?

 

[Taxing Matters]

Indiana

Federal Agency in Indiana. Temporary worker who worked 40 plus a week since June. Never late, never called off.

My questions: Is there an Indiana labor board? Can I report a federal agency to this board?

Federal agencies are not subject to state law and state agencies do not have enforcement power over federal agencies.

The federal agency keeping you active in its computer system rather than showing you as let go due to the end of your temp assignment doesn't seem to be causing you any harm, i.e. it's not costing you any money, not affecting your employment prospects, etc. As a result, I don't see any legal cause of action for you here.

As far as places to complain about this, I see two possibilities for you. First, you are apparently a member of a union that represents federal workers at that agency. If the agency is violating the union agreement you may file a grievance through the union. Second, you can complain to the personnel/human resources department of your agency and if that is not successful then you may have cause to appeal to the federal Merit Systems Protection Board. You'd have to have a claim that fits within those things that MSPB has jurisdiction to rule upon. There is nothing any state agency can do for you here.

 

[aldaron]

Call your Senator's or congress person, some times they do good things.

 

[quincy]

Call your Senator's or congress person, some times they do good things.

Huh?

 

[LdiJ]

Federal agencies are not subject to state law and state agencies do not have enforcement power over federal agencies.

The federal agency keeping you active in its computer system rather than showing you as let go due to the end of your temp assignment doesn't seem to be causing you any harm, i.e. it's not costing you any money, not affecting your employment prospects, etc. As a result, I don't see any legal cause of action for you here.

As far as places to complain about this, I see two possibilities for you. First, you are apparently a member of a union that represents federal workers at that agency. If the agency is violating the union agreement you may file a grievance through the union. Second, you can complain to the personnel/human resources department of your agency and if that is not successful then you may have cause to appeal to the federal Merit Systems Protection Board. You'd have to have a claim that fits within those things that MSPB has jurisdiction to rule upon. There is nothing any state agency can do for you here.

I disagree with you a bit TM being shown as an active employee who isn't showing up for work would certainly impact any reference someone might get from the agency in question. In addition, it would also impact someone's ability to collect unemployment benefits.

I do agree that a state agency cannot help her. However the federal DOL might be an option.

 

[quincy]

Here is a direct link to “Prohibited Personnel Practices,” 5 USC section 2302(b):

https://www.mspb.gov/ppp/ppp.htm

 

[Taxing Matters]

I disagree with you a bit TM being shown as an active employee who isn't showing up for work would certainly impact any reference someone might get from the agency in question. In addition, it would also impact someone's ability to collect unemployment benefits.

The reason he's not showing is that the agency is not calling him into work, something that would not count against him for getting unemployment. In addition to that, in general federal agencies will not provide much information on references to non federal government agencies beyond confirming the dates of employment, the position and grade, and reason for separation. Thus, in general what that internal system shows as a no show would not be disclosed.

I do agree that a state agency cannot help her. However the federal DOL might be an option.

No, the federal Department of Labor (DOL) would not help here. The federal DOL's role is mostly administering and enforcing the federal employment laws that apply to private employers and state/local governments. Other than administering the federal employee worker's compensation program it has little to do with dealing with federal employees. Instead, the Office of Personnel Management (OPM) does most of that. However, when it comes to appeals by employees of most agency employment decisions, that is done by the Merit Systems Protection Board (MSPB). So, as I mentioned before, for many adverse employment decisions by agencies, the employee first tries to resolve that with management. Then if that doesn't work, the employee either uses the agency's formal grievance process or the employee appeals to the MSPB (but the employee can't do both). There are some issues, like job classification and pay grade disputes, that go through OPM, but I'm not seeing any OPM issues for the OP.

I'm familiar with this because I was a civilian federal employee for a number of years, including some years as a manager.

 

[aldaron]

Huh?

A Staff Sgt. made some disparaging sexist comments to my wife a DOD civilian employee. 1 phone call to Senator Boxer's office solved the problem stat. Staff Sgt. was no longer a career soldier 1 week later. Issue was resolved. Complaints to higher ups were just ignored and not taken seriously. Sen. Boxer was feared by 4 star generals on down for conduct disrespecting women. Surely some members of congress care about our fed civilian workforce still. 1 phone call or a letter from a congress person can move mountains sometimes.

 

[quincy]

Possibly. It might not hurt, if the problem has not been resolved in the month since redrayya1 posted.

He visited the forum on Friday. Perhaps he will stop by his thread with an update.

 

[Taxing Matters]

1 phone call or a letter from a congress person can move mountains sometimes.

The key word there being sometimes. A lot depends on what the issue is. Issues of illegal discrimination, which would appear to be the problem your wife was experiencing, will tend to get attention from agency officials after contact from a member of Congress as no agency, even the military, can really defend that sort of thing if hauled before a congressional committee. But that's not the sort of issue the OP has. While at IRS I saw a number of Congressional inquiries come through. Not surprisingly people caught up in IRS examination and collection problems get upset and some go to Congress. We always provided very prompt responses to those inquiries, but most of those responses basically amounted to the IRS personnel handling the matter were following the established laws, regulations, and procedures and thus the IRS will not alter its actions in the matter. Those responses generally satisfied the member of Congress, who would then inform their constituent that the law was being followed and thus there was nothing the member of Congress could do.

In this case, the OP's agency has not done anything illegal nor, so far as I can tell, is the agency's action causing the OP any real harm. So while it wouldn't hurt for the OP to contact his congressperson or senator it may well be that the congressperson/senator won't be able to effect any change either.

 

[quincy]

In other words, it doesn't hurt but probably won't help.