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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5276
Experience:  Extensive experience representing employees and management
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Hi i was employed by Dept of Veterans Affairs as a supervisor

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Hi i was employed by Dept of Veterans Affairs as a supervisor and had been successful at my job for 4 years when because of politics i was targeted for removal from my position. It took a while but they eventually fired me by first suspending me and than suspending me again than terminating me for what they called AWOL and disrespectful e-mail. My position description and the job i was hired for was a field position and exempt from overtime I never punched a clock, i had areas of responsibility and through a flex type schedule i managed my responsibilities, i.e. about 80 hours of actual work per week allot of it from home running reports and doing things that didn't require me to be face to face with anyone. I had always managed my own schedule and had no problem when it cam to meetings or face to face responsibilities, i.e. actual supervision of subordinates. I was 1 of 10 supervisors on my organization, i literally outperformed the others hands down, i was the only supervisor who took work home and never complained about it or asked for comp time, i just loved my job.

anyways the kangaroo court who disciplined me and fired me took advantage of the fact that i was not represented by any union because i was management and where in cahoots withHR as my complaints of ADA reasonable accommodation where ignored and straight fraud was commuted against me and used as evidence to fire me, not one person felt they had to respect my position that was in writing and turned it into me not showing up for work when i was ordered by someone who was not qualified to be my supervisor to sit at my desk for 8 hours, knowing good and well my anxiety disorder and concentration issues would not allow me to just sit at a desk for 8 hours, there is a lot more i have good documentation and can prove i was f'ed over. My removal date was 4-16-12 i was heard by the merit systems board also a kangaroo court that i got bullied by VA attorneys and barley was able to present my case orally because everything i submitted in writing was made inadmissible for some BS reason or another.

SO in general do i have any recourse? I really needed a good lawyer than but could not afford one when my pay was cut off and i lost my home through eviction and had become homeless up until just recently. I would like to believe gross injustices would eventually be made right because its the LAW someone, anyone could look at the facts and say STOP this is not wright because i have very good records and can show how i was entered into the time keeping software made to look like an hourly employee and because i did not sit at my desk I was not paid. I had subordinates telling me that because they where hourly they where assigned to monitor my desk and only enter me into the time system if i was at my desk, its just not right to do someone dirty like i was especially to go unchecked is horrible. and the people in the organization like HR and executive leadership acted like the things I was all of a sudden being denied, (the tools remote access and the excepted alternative "FLEX" work schedule, right to use my leave and LWOP as needed that allowed me to work very successfully where taken and no formal process was used to allow me to have them reinstated.

I also was approved for FMLA and for the 7 years prior used LWOP considerably along with every vacation and sick hour to compensate for my service connected disability, my not being physically present more so than my peers never was a problem esp. considering i out performed them without any question. actually my peers where held to less than expected standards because of political reasons and excuses for not doing what the job description asked. people who should have helped me when i was being done wrong where either threatened to have their big position taken from them or where promoted to nice positions they where not the best candidate for. I don't want to add I was the only White SERVICE CONNECTED DISABLED VETERAN SUPERVISOR I had been assaulted by my BLACK peers and no action taken to protect5 me or punish the wrongdoer, I asked for formal transfer with no ear and was made the kicking post on a very hostile workplace while i tried to save my job. please if you have any questions for me ask, I am hoping right still has a place and wrong looses in the end.


PLEASE advise
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello and welcome to JustAnswer,

My name isXXXXX am a licensed attorney, and my goal is to provide you with excellent service today.

To clarify, were you terminated on April 6, 2012 of last year?

Did you file a complaint with either the Department of Fair Employment and Housing or EEOC?
Customer: replied 1 year ago.

no after final letter from review board my service connected disability and homelessness made it very difficult and i am sure i didn't do things i could or should have. yes last day of work or removal date 4-16-2012

Expert:  Joseph replied 1 year ago.
Thank you Charles,

Can you tell me if there was any reason that you only discovered this possible discrimination until later?

What was the nature of your service connected disability?
Expert:  Joseph replied 1 year ago.
Hello Charles,

I'm afraid that while you definitely seem to have had a great case for discrimination on the basis of disability, veteran status, and political beliefs, it is unfortunately past the time that you can file a complaint or charge against your employer since it has been a year and a half since the incident occurred.

In California, you have up to one year to file a complaint against your employer with the Department of Fair Employment and Housing or the EEOC in order to allege discrimination.

Absent a compelling reason for arguing that you did not discover this until more recently, you most likely will not be able to file those complaints due to the statute of limitations running on your claims.


I hope the above information is helpful.

Please let me know if you have any clarifying or follow up questions as I want to ensure that you are completely satisfied with my service.

If not, PLEASE remember to rate my answer POSITIVELY (Excellent Service) so I get credit for my work. I put significant time and effort into my answers, and DON’T receive anything for my work unless you rate my answer positively. It doesn’t cost you anything extra and is necessary even though you’ve made a deposit. Please also rate me highly (10) when you receive your customer satisfaction survey as well.

Thanks and best of luck!

-Joseph
Joseph, Lawyer
Satisfied Customers: 5276
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you
Customer: replied 1 year ago.
Relist: Incomplete answer.
I am a disabled veteran with mental health issues and spent the last 2 years homeless after being fired from my stable job at VA. If it is now to late for filing complaints what are my other options? Ie workers comp or SSI What about my congress man? Please advize
Expert:  Joseph replied 1 year ago.
Hello Charles,

It appears that your disability was connected to your service rather than employment, so you would probably be unlikely to have a workers' compensation claim, and regardless, there's also a one year statute of limitations on workers' compensation I'm afraid.

You also wouldn't have sufficient earnings in your base period (the last 15-18 months) for an SDI claim.

However, if you haven't already done so, you definitely should file for Social Security Disability Insurance, which you can do online by following the steps here:

http://ssa-custhelp.ssa.gov/app/answers/detail/a_id/326



Joseph, Lawyer
Satisfied Customers: 5276
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you

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Joseph
Joseph
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Extensive experience representing employees and management