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After received an OFO's Decision that vacates the Agency's…

Customer Question
After received an OFO's...

After received an OFO's Decision that vacates the Agency's final order that follows the AJ's Decision without a hearing a year ago. I discovered that when the Agency transferred the Complaint File to OFO, it omitted all the Complainant's documents and the Report of Investigation (ROI) was incomplete. Currently, I am in EEOC pre-hearing process. What can I do for the Agency's omission and the incomplete ROI submission?

Lawyer's Assistant: Have you documented this or discussed it with HR?

No. I was terminated my employment for years

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

I was a federal employee

Submitted: 8 months ago.Category: Employment Law
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10/4/2017
Employment Lawyer: Legal Eagle, Lawyer replied 8 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 12,204
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly

100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. Additionally, most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted.

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Employment Lawyer: Legal Eagle, Lawyer replied 8 months ago

Thank you very much for your patience. 29 C.F.R. § 1614.108(h),requires the agency to provide a copy of the complaint file to EEOC and, if not previously provided, to the complainant within 15 days of receipt of the complainant’s request for a hearing. Their failure to do so could lead to a default judgement against the agency. What you mean need to do is file a motion for default against the agency. You should cite the code section I provided and let the administrative law judge make the decision. The other party may have an opportunity to oppose the motion, but you will still have the chance to do so.

Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.

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