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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 110363
Experience:  20+ Years of Employment Law Experience
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Theesen I have an issue with the Department of navy with my

Customer Question

Hi My Name is***** I have an issue with the Department of navy with my Job Series Grade I have not been promoted for over ten years . I have watched several new hires make detective and and individuals I work with currently that are at I hire grade level then me I have no trouble in my job or any displinary actions ever against me. I have ask my supervisors this for years why I have not been promoted I have now a new supervisor that agrees that some how I have been over looked all these years he has now convinced the navy yard to give me a raise but I have to re apply for my position this seems unfair to me not only have I lost money over ten years and that would have went to my retirement, but other job opportunities that I could not apply for because my GS 7 grade level would not let me reach the grade level of the position I wanted to apply for even though I do this work as a Senior Investigator
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Washington DC but im stationed in Maryland
JA: Have you consulted a lawyer yet?
Customer: no, people say I need a federal attorney and some say I need a state attorney kinda lost
JA: Is there anything else important you think the Employment Lawyer should know?
Customer: I was told to Sue the Navy and file a Unfair Labor Practice and EEO Complaint don't know where to start
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Employment Lawyer about your situation and then connect you two.
Submitted: 4 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Is the reason for your promotion denial based only on your age/race/sex/disability/national origin?
Have you filed a complaint with OPM for a desk audit, since you are a federal employee?
Customer: replied 4 months ago.
Have not filed with OPM yet. As for the first question I believe so or they no they messed up I have lost out on so many othe jobs. Including my pay and upward mobility has been hindered
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your reply.
If you have evidence that your denial of promotion was based only on your age/race/sex/disability/national origin, you need to file that complaint with your EEO and they have to investigate the matter. You do not need an attorney to do so and would only need an attorney if the EEO finds wrongdoing and they refuse to correct the matter. In that event, you would need to then have an attorney who handles federal employment cases to file suit based on the EEO findings of discriminatory denial of your promotion.
Also, you need to notify OPM in writing and request a desk audit based on the work you are doing and the fact you have not been promoted to a higher GS level based on the work you are performing and assigned.
You need to do both and upon completion of both investigations, if you are still denied promotion and based on the outcome, that is when you would need the federal employment attorney to file your suit.