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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 12957
Experience:  B.A.; M.B.A.; J.D.
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I believe that I have a case for wrongful termination. I was

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I believe that I have a case for wrongful termination. I was a federal employee with the Navy and was terminated under 5CFR § 315.804, termination during a probationary period. However, I was formerly employed with the federal service for more than three years. Do I have a chance at a successful legal appeal with MSPB under 5 U.S.C. § 7511? As I understand it, the law states that I am technically not in a probationary status since I have more than one year of service. Also, the law states that I am supposed to be given thirty days notice of the decision, which I was not.
Submitted: 12 months ago.
Category: Employment Law
Expert:  Phillips Esq. replied 12 months ago.
Hello: This is PhillipsEsq. I am a licensed Attorney and I will be assisting you today.

Could you explain a little more?

Was your previous federal job a temporary appointment?
Customer: replied 12 months ago.


No. It was classified as career conditional. I served as an Army civilian from 02/22/05 to 08/06/06. During that time, I was a GS-0318-06/02, Administrative Assistant. Most recently, I served as a Navy civilian from 07/15/13 to 09/26/13. This time I was a GS-0855-07/10, Electronics Engineer. However, my daily duties had an administrative component similar to my previous position with the Army. I worked with a tool that had countless connectivity issues, which affected my work performance significantly. I had no training using the tool either. Also, the coworker training me was overwhelmed with work, so she had little time to train me. Each time I made someone aware of my issues, I was rebuffed and dismissed. As an employee, did I have the right to reasonable accommodations once my employer was made aware of the issues?

Expert:  Phillips Esq. replied 12 months ago.

Thank you for the information:


No. It was classified as career conditional. I served as an Army civilian from 02/22/05 to 08/06/06. During that time, I was a GS-0318-06/02, Administrative Assistant. Most recently, I served as a Navy civilian from 07/15/13 to 09/26/13. This time I was a GS-0855-07/10, Electronics Engineer. However, my daily duties had an administrative component similar to my previous position with the Army. I worked with a tool that had countless connectivity issues, which affected my work performance significantly. I had no training using the tool either. Also, the coworker training me was overwhelmed with work, so she had little time to train me. Each time I made someone aware of my issues, I was rebuffed and dismissed. As an employee, did I have the right to reasonable accommodations once my employer was made aware of the issues?



Response 1: Yes, you did and that should have been factored in your evaluation before you were dismissed.


Your initial post:


I believe that I have a case for wrongful termination. I was a federal employee with the Navy and was terminated under 5CFR § 315.804, termination during a probationary period. However, I was formerly employed with the federal service for more than three years. Do I have a chance at a successful legal appeal with MSPB under 5 U.S.C. § 7511? As I understand it, the law states that I am technically not in a probationary status since I have more than one year of service. Also, the law states that I am supposed to be given thirty days notice of the decision, which I was not.



Response 2: Yes, you do have a chance at a successful appeal. I have reviewed the CFR and U.S. Code that you cited and based on the information that I reviewed, the government did not follow proper procedure in terminating you. I also reviewed 5 U.S.C Section 7513, which is the section that deals with the notice and confirmed the 30-day notice requirement before termination.

Customer: replied 12 months ago.


Thank you, sir. What should my next course of action be then? Should I have an attorney help me pursue this or do it myself?

Expert:  Phillips Esq. replied 11 months ago.
Thank you, sir. What should my next course of action be then? Should I have an attorney help me pursue this or do it myself?

Response: You need to proceed with the appeal. You can do this yourself.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 12957
Experience: B.A.; M.B.A.; J.D.
Phillips Esq. and 4 other Employment Law Specialists are ready to help you

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