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I am a federal employee and just received discipline for falling

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I am a federal employee and just received discipline for falling asleep during a long winded and boring conference call in late afternoon after I had been at work for 7.5 hrs on on the clock for 7 hours . However, I tried to explain that there were mitigating circumstances: 1. I suffer from sleep apnea and had on previous occassions requested scheduling accomodations which were refused. 2. My most recent scheduling accomodation request was approved, but was not in effect at the time of incident. 3. The night before my sleep was interrupted three times by three official government pages to my government issued cellphone. 4. Because of the conference call, I had to take a shortened lunch break and had no afternoon break. What should I do?


My name isXXXXX'm a licensed attorney. I am honestly sorry for your circumstances, very much appreciate your patronage, and am glad to try and help out.

Accordingly, I'm pleased to say that there is an approach you can take to seek redress. First of all, if you haven't already done so and are represented, you should notify your union of what took place. Secondly, they will guide you through the grievance process. Thirdly, you can file a complaint (known as a "charge") seeking relief on the basis of your physical condition alleging a failure of your employer to provide reasonable accommodations therefor. To do so, free of cost, you would follow the steps outlined here:

Federal Sector Complaint Process

This is a process different from the usual civilian approach. There's no way around that, it's mandatory, and complying with deadlines is really important. I'm sure sorry you've been through this, and I hope the future looks brighter for you.

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.

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Ben, J.D.