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After the case was vacated by the MSPB - HQ and remanded to

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After the case was vacated by the MSPB - HQ and remanded to the regional office, the regional Judge was being very biased against me and I asked for her recusal, but she denied it. However, she postponed the hearing for 30 days acknowledging in some way that I was not properly and timely notified to answered to her order. When the process restarted, for a brief time I got a Representative and we filed the responses, including statement of facts, list witnesses, and exhibits. We had the prehearing where the judge accepted the Agency's witnesses, but not mine, which would have made impossible for me to prove my case by preponderance of the evidence, since my "star" witness was another whistleblower in my same office who has been severely retaliated against for aver a decade. A few days before the hearing my Representative learned that he had stage 2 cancer and needed surgery 2 days before the hearing (4/25/13) and asked for an 8week postponement. The Judge closed the case without prejudice.

Question: I will file again, but can I ask for a Petition for Peview, stating that I already proved my case with my exhibits and facts alone by preponderance of the evidence? The issue: My supervisor changed 15 hours of sick leave -where I proved that I was sick: doctors' notes, emails, including one from my own boss telling me to go home when I got sick at work, etc., and ask the MSPB to rule on the AWOL case in my favor? and in this case avoid further litigation? Worse case ask the MSPB to allow all my witnesses that will further help me with proving my case? Thanks.
Hi, I'm a moderator for this topic. I've been working hard to find a professional to assist you right away, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you. Thank you!
Customer: replied 3 years ago.
Thank you for responding. I don't mind waiting, since I still have
time to file for a Petition for Review, if I choose to do so.
Thank you for your patience. We will continue the search for a professional for you.

Customer: replied 3 years ago.
Don't worry, if it is tomorrow, that is OK. Thanks.

You're welcome, Maria.
Thank you for your patience, your business is very important to us, we are waiting on a professional with the right expertise to come online. Feel free to let us know if you would like us to continue searching for a professional or if you would like us to close your question. Thank you for your understanding!
Customer: replied 3 years ago.
I can wait. Thanks.
Thanks for your patience while we continue our search


My name isXXXXX a licensed attorney. I am honestly sorry for your circumstances, very much appreciate your patronage, and am glad to try and help out. I also send my best wishes your way concerning your health challenges.

Accordingly, I'm pleased to say that the law is indeed on your side here. Here's how this works. Yes, you certainly can file, and in fact your have either within 30 days after you received the initial decision or 35 days after the actual date of the decision. The cut-off for timely submission is based on whichever of those two dates falls later in time. That's the basic procedural guidelines in terms of time tables. However, substantively I think you're right on the money, as well. One of the specifics grounds for seeking relief by way of review is that there exists new significant evidence or legal argument unavailable when the record was closed out. Based on your description, I think your circumstances fits the bill quite nicely. It's entirely up to you, of course, but I can certainly say that were I in your shoes, and given both the governing law and your particular facts, I would sure go for it.

If you don't already have this resource, just click here for a handy tool:

Petition for Review

If you have a follow-up question or need clarification, please just say the word by using "reply" to reach me.

I truly hope all works out for you.

Take care,

Ben, J.D.

LawHelpNow, Attorney/Lawyer
Category: Employment Law
Satisfied Customers: 7639
Experience: Relax. Let's work together. Practical solutions.
LawHelpNow and 3 other Employment Law Specialists are ready to help you
Customer: replied 3 years ago.
Thank you so much! Then my cut off day is this Friday, so I will do ask for a petition for review. The AWOL case doesn't merit a hearing. I already proved it with exhibits. But I will file an appeal again to include another issue that the Regional Judge took out, the career ladder. I had promotion potential to GS-15 and as retaliation they removed it.
Hi there,
You are quite welcome, my pleasure entirely to be of service and I thoroughly enjoyed interacting with you!
Many thanks for your favorable rating, and please know I'll hold a good thought for you going forward :-)
Best regards,
Ben, J.D.

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