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What can I do as a federal human resources professional who…

What can I do...

What can I do as a federal human resources professional who is falsely accused of violating merit systems principles. In this case, an employee who repeatedly states we have violated her veterans preference in applying for vacancies. Employee works for the same facility.

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

Louisiana. We are federal employees.

Lawyer's Assistant: Has anything been filed or reported?

A MSPB case was filed and initial decision was made in favor of the agency. Employee has filed an appealed and added additional inaccurate information.

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

I am the Human Resources Officer of the facility.

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Answered in 8 hours by:
1/14/2018
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,828
Experience: Licensed Attorney with 29 yrs. exp in Employment Law
Verified

Hello,

Thank you for the information and your question, although I am not exactly sure by what you mean by your question. The only thing that you can do is to gather and present the evidence that you have that supports your version of the facts. If you are asking if you can somehow file some sort of suit for defamation against the employee, then the answer is no. An employee has the right to assert any claim they believe is valid. The facts are what do or don't resolve the case.

You can certainly point out the assertions in their appeal that are inaccurate and counter with the actual facts as you know them, and provide any substantiation/witnesses that you have, but that is the extent of what you can do.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to let me know that I covered your question by replying to this answer, then the Site will give me credit for assisting you today. Thank you

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Customer reply replied 4 months ago
I expected this answer. We will definitely respond to the “allegations” made by a delusion (my opinion) employee as part of the MSPB appeal. One thing she alleges is that I removed applications for positions she has applied for based upon an email where I stated she did not qualify-because she lacked time in grade and/or specialized experience. Funny thing she doesn’t know is that I do not even have access to that system where employees apply for vacancies!! My only other question which you cannot answer is whether agencies have disciplined employees who make these truly false (and provable) accusations. Thanks
Customer reply replied 4 months ago
No more comments

You're very welcome. And, I can actually answer the last question you asked, and that is yes, if the agency finds out that someone made a false assertion while knowing it to be false, they can and have taken adverse employment actions. The problem is that there must be evidence establishing that the employee knew when they made the statement that it was false.

Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,828
Experience: Licensed Attorney with 29 yrs. exp in Employment Law
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Satisfied Customers: 20,828
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