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VA Medical Center has failed to implement a mandatory

Customer Question
VA Medical Center has...

VA Medical Center has failed to implement a mandatory staffing policy that would have upgraded my position and salary--any legal recourse?

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

At will, full time

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Filed EEO complaint alleging age discrimination (I'm 67) and had informal mediation mtg that resolved nothing

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

I'm in RI but this is federal since it's Veterans Affairs

Submitted: 7 months ago.Category: Employment Law
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Answered in 5 minutes by:
12/8/2017
Employment Lawyer: DamienJD, Attorney replied 7 months ago
DamienJD
DamienJD, Attorney
Category: Employment Law
Satisfied Customers: 5,087
Experience: Attorney. Well versed, understanding, friendly
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Hello: My name is ***** ***** I am an attorney. Are you being treated differently than anyone else in the same position as you? In other words, is this failure to implement mandatory staff policy affecting everyone the same or you in particular.

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Customer reply replied 7 months ago
Unfortunately that can't be easily answered. I'm a psychologist in charge of a program and there are other psychologists in charge of programs that have not been upgraded but the programs differ in administrative responsibilities. I advanced the position that I only could speak as to how my position fit in the revised policy and should be upgraded. My problem is that I am not being given an explanation as to why I'm wrong so I'm left with complaining about that if I can.
Customer reply replied 7 months ago
I do not wish to speak on the phone at this time.
Employment Lawyer: DamienJD, Attorney replied 7 months ago

You filed an age discrimination complaint and the fact the mandatory staffing policy is not being followed could be supporting evidence of the discrimination. Usually, a policy is internal that does not necessarily have to be followed. But if it is not being applied equally, that could be evidence of discrimination. If it is a mandatory policy by law, and not being followed, that could be a violation and provide more evidence of intent to not follow policy due to possible discriminatory intent.

I know this is all a bit vague. If you have further questions or want to ask more questions, just let me know.

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Customer reply replied 7 months ago
Nothing further.
Employment Lawyer: DamienJD, Attorney replied 7 months ago

Okay. Hope it all works out for you. Best regards.

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Employment Lawyer: DamienJD, Attorney replied 7 months ago

I have been happy to answer your question for you. Please remember to provide a rating between 3 and 5 stars at no additional charge to you so I can be paid for helping you on this one. Thank you.

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Employment Lawyer: DamienJD, Attorney replied 7 months ago

Hello again:

Just checking whether you got all that you needed from Just Answer. If so, let me know. if not, let me know. Thank you.

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