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I’m a retired veteran - Worked on military installation -

I’m a retired veteran - Worked...
I’m a retired veteran
- Worked on military installation
- Falsely accused of sex harassment by female coworker a day after an argument she started with me on her receiving preferential treatment and more hours on the work schedule. NOTE: I’d mentioned my concerns to members of staff to include management with no results.
- She filed the allegations with the Air Force Equal Employment Opportunity office, these subject matter experts found no evidence and sent their findings to the Services organization for further actions.
The unit conducted a Commander Directed Investigation and substantiated that I’d “inappropriately touched” the accuser and dismissed me
- I never received any documentation and or statements regarding the case other than a dismissal letter in spite of asking.
- I never was contacted by anyone, other than an investigation officer (military member, who took my initial statement) to answer additional questions, provide rebuttals to witness statements nor allowed to present any defense. I HAD NO REPRESENTATION.
- The local HR office never advised me of my rights and or actions I could take in defending the allegations.
- The union representatives who’d initially accompanied me for my initial statement (he works for the unit in question and in my opinion had a conflict of interest) has now informed me that he isn’t allowed to represent me as I haven’t been employed for at least six months and was still under the six month probation period.What I’m interested in? Do I have a case? As the accuser is also a veteran and served previously in the AF, can her records be subpoenaed to see if there is a pattern? Mental stability? I think she has bipolar issues and may have filed a case against someone while active duty?
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Answered in 11 minutes by:
10/18/2016
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 121,018
Experience: 20+ Years of Employment Law Experience
Verified
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, as a probationary employee you have no appeal rights regardless of what happened. What you do have is a right to sue the accuser for defamation and seek damages against her for making known false statements against you causing you to lose your employment. You can seek money damages from her for the false statement. You only have 1 year for filing suit against her for defamation, so if it has been 6 months you need to move if you want to sue her for defamation, but that would be the only claim you would have. When you file the suit then you can subpoena the records to try to show a pattern of false claims.
Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page , as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.
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Customer reply replied 1 year ago
Her decision to make the allegations were malicious as I was on the verge of making a complaint about her receiving preferential treatment on the work schedule. She and another coworker wee also covering for each other for additional hours and supervision turning a blind eye. I was seemingly the outsider going to disrupt the party
Thank you for your reply.
I understand what you are saying, which is why I stated your only recourse if you want to take actions is the defamation suit. I am afraid that probationary employees in the government employment system really have no appeal rights.
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Customer reply replied 1 year ago
I understand. Thank you sir
Thank you for your reply.
Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page , as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.
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Customer reply replied 1 year ago
What do I need to do at this point? Civil lawyer? Does the dismissal from work affect my permanent job record? Do I have to disclose the matter?
Thank you for your reply.
Yes, a local civil litigation attorney can handle this type of suit.
Yes, the dismissal has to be disclosed on employment applications and your former employer can disclose you were terminated.
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Customer reply replied 1 year ago
Even though it says I was let go under the probationary period? Can I sue the commander who was in charge of the investigation inspite of having zero evidence? There is an under current of racism and or sexism. I had zero support from anyone, no union representative (although he did come with me for my initial statement to investigating official, he abandoned me when the dismissal letter came as the 6 month probationary period didn't allow him to do anything for me either) With this subject matter being a hot item in society. I don't think I received a fair shake
Thank you for your reply.
You could seek to sue the commander for negligence in conducting the investigation, but it is hard to win a case against the military. You could also try to file a complaint with the EEO regarding sexual discrimination if you have not done so, but you had 6 months from the date of the termination to do so.
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Customer reply replied 1 year ago
Would these be different lawsuits? (Commander and accuser) I was unaware I could do a claim with the EEO. Would anything of these, assuming a win for me, change the FIRING record? This, along with my name and reputation are of the utmost importance to me. What should I sue for? Money? Apology? What should I expect to pay a lawyer?
Customer reply replied 1 year ago
hello?
Thank you for your reply. Sorry for the delay, as you can see I do start on here early, so in the evenings I am generally off.
It would be one suit naming both individuals, as it came all from the same facts and circumstances.
You could have filed an EEO complaint based on you being treated differently based on your sex.
You would sue for money damage, which would be the amount you lost from losing your job, and also emotional distress. The lawyer usually will want about $2000 up front for costs and then will agree to take about 33% of whatever they win for you (depending on their evaluation of your evidence).
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Customer reply replied 1 year ago
Good morning. What about my work record? Name? Reputation issues? If I go for job interview, and mention my dismissal, being honest, would I follow up with something along the lines of my lawsuit against them for the false claims?
Thank you for your reply.
Those would be all part of your damages in your civil suit.
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Customer reply replied 1 year ago
Sorry, I've been getting ready for dr appointment. Is it best to get a lawyer locally? Would I be able to recoup those fees if I win my case? Your thoughts on how it might go? Obviously you're only hearing my side of things but... I'm trying to get report through FOIA at the moment
Customer reply replied 1 year ago
This whole situation has been really nerve recking. 23 years in the military, no issues. 8 years retired and now this nonsense
Customer reply replied 1 year ago
Are you in the NWF area?
You would need to use a local attorney, we cannot represent anyone from this site by law.
Attorney's fees are not generally recoverable, but are at the discretion of the court, so you cannot count on those being awarded even though your attorney will ask for them.
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Customer reply replied 1 year ago
How much longer will I have this access to you? Am I being charged more now that I'm on my second day?
You have not been charged anything but a deposit because you have not left any positive feedback and as experts on this site are not employees of this site they have received nothing for the time spent with you without positive feedback (most customers have no clue about that because the site fails to tell them).
You will need a local attorney, because state law and site rules forbid any attorney on this site from representing anyone from this site.
You will need to use a local attorney to sue them and seek your damages and attorney's fees are solely up to the discretion of the judge, but are not generally awarded so do not count on them.
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Customer reply replied 1 year ago
Hello again. Do you have any recommendations for lawyers here? I'm in Crestview FL. Regarding costs? Is the $2000 mentioned earlier a retainer? Would I have to pay after that?
Thank you for your reply.
We cannot make personal referrals to any attorneys, it is prohibited by site rules and state laws, the best we can suggest is for you to use the same sites used by other attorneys to find a local civil litigation attorney, http://www.hg.org or http://www.lexmundi.com
The $2000 is generally a retainer and your fees come off of that, some attorneys will negotiate a reduced hourly rate and a contingency of 30% of the proceeds of the suit depending on their evaluation of your evidence. If not the costs are generally about $150-$200 per hour.
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Customer reply replied 1 year ago
I've been searching for lawyers specializing in defamation and haven't had much luck. It seems the payoff for a victory doesn't yield good enough returns financially.
Customer reply replied 1 year ago
Is my card being charged again for today's session?
Thank you for your reply.
Your card was charged a deposit, your expert has not received a penny of credit for their time because the expert is not an employee of this site and gets no credit for spending time with customers when the customers do not leave positive feedback. You are not charged for every reply, you paid only a deposit.
You need just a regular civil litigation attorney, nobody specializes in defamation, there is not a big enough demand for such a specialty.
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Customer reply replied 1 year ago
Understand. Is there a way for me to get a transcript of our discussion(s)?
Thank you for your reply
You would have to copy it and paste it to your word software is the only way we know of doing so.
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THANK YOU FOR USING OUR SERVICE.
Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page , as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 121,018
Experience: 20+ Years of Employment Law Experience
Verified
Law Educator, Esq. and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Customer reply replied 1 year ago
Can I still ask questions?
You are a subscription customer, it does not cost you more money to open a new question at http://www.justanswer.com and if you would like me to answer ask for me by typing "For Law Educator Only...." And I will get to you, but as the experts are not site employees you need to be able to leave positive feedback for the expert so they get credit for time spent with you. So please open a new question and if you would like to ask for me I would be glad to help you again and this way you can leave positive feedback so the expert gets proper credit for their time spent with you. Thank you for understanding.
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Customer reply replied 1 year ago
Thanks for quick reply. My apologies on the delayed feedback but I thought that I'd finished them. I received a letter in the mail personnel actions (AF FM 2545) that detailed my dismissal. I noticed a code N031 and can't find what it refers to. It precedes the termination/involuntary block.
Also of concern is that the document indicates that copies are sent to the Office of personnel Management (OPM) and this will screw me from getting any federal jobs and or have an impact on security clearance/public trust investigations.
I have come to grip with having to explain to an employer that I was let go, personnel issues but if a potential employed calls HR, can they tell them the nature of the issue
Please open a new question, so that you can give the expert positive feedback for the time spent with you. Thank you for doing so, it will not cost you more money as you are a subscription customer.
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Customer reply replied 1 year ago
will do. Just trying to not have to go over all of the circumstances again
Just ask for me specifically and you will not have to go over everything again only your new question.
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Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 121,018
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Experience: 20+ Years of Employment Law Experience

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