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I was terminated from the VA in Big Spring, Texas on May

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17th. I filed an...
I was terminated from the VA in Big Spring, Texas on May 17th. I filed an EEOC complaint and have now exhausted my informal process time frame (90 days). I now have the option of filing a formal EEOC complaint or using the Merit Standards Protection Board for relief. I was terminated for Lack of Candor and Not Following Instructions after being hired and relocating from Chicago, IL. I began work January 24th, 2016.
Submitted: 1 year ago.Category: Employment Law
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Answered in 3 minutes by:
8/18/2016
Employment Lawyer: P. Simmons, Lawyer replied 1 year ago
P. Simmons
P. Simmons, Lawyer
Category: Employment Law
Satisfied Customers: 35,252
Experience: Employment Law Expert
Verified

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.
I am sorry for this dilemma. But not sure I understand your specific question. Do you have a question regarding this?

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Customer reply replied 1 year ago
Which route is better to be reinstated to my job. There are discrimination issues, as well as due process issues. Which is better, Merit Standards or EEOC?
Customer reply replied 1 year ago
Hello???
Employment Lawyer: P. Simmons, Lawyer replied 1 year ago

Thanks

A few moments please...I will type up some thoughts.

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Customer reply replied 1 year ago
I don't have 59 for your additional assistance. Unemployed here?!?!?!?
Employment Lawyer: P. Simmons, Lawyer replied 1 year ago

By far the EEOC process offers the better way to proceed IF there is evidence to support the claim. That is, if they are discriminating against you based on your race, gender or some other protected status? That would be a basis to be reinstated.

The due process issue is a bit more complex...they can terminate you for misconduct. IF they can prove you committed misconduct? The MSPB will uphold the firing.

That said, you do have the right to a hearing on this matter...and if you can prove that you did not commit misconduct? Then you would be reinstated.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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Customer reply replied 1 year ago
due process isn't a factor in termination from federal employment??
Employment Lawyer: P. Simmons, Lawyer replied 1 year ago

It is...but the due process is the MSPB.

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Customer reply replied 1 year ago
can the due process issue on its own get me reinstated to the agency?
Employment Lawyer: P. Simmons, Lawyer replied 1 year ago

No...but the due process gets you the MSPB hearing (that is your due process)...if you can prove, at the hearing, that you did not commit misconduct? They will reinstate you.

I have to step away for a few hours but will follow up when I return if you have more questions

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Customer reply replied 1 year ago
Okay - I do have one additional question. Termination of a federal employee has a due process. If that process is not followed, what happens?
Employment Lawyer: P. Simmons, Lawyer replied 1 year ago

Again, the due process is the MSBP. That is the process that is "due"

If they do not provide you due process, you could sue to force them to do so.

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P. Simmons
P. Simmons
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Category: Employment Law
Satisfied Customers: 35,252
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