Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

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.

Show More
Show Less
Ask Your Own Employment Law Question
Answered in 8 hours by:
1/14/2018
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,989
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

Ask Your Own Employment Law Question
Customer reply replied 7 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 7 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: 20,989
Experience: Licensed Attorney with 29 yrs. exp in Employment Law
Verified
Marsha411JD and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an employment lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Marsha411JD Your Own Question
Marsha411JD
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,989
20,989 Satisfied Customers
Experience: Licensed Attorney with 29 yrs. exp in Employment Law

Marsha411JD is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

13,334 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

20,989 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,478 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

4,029 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,893 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Employment Law Questions
If a Federal appeals court vacates a lower courts ruling
If a Federal appeals court vacates a lower courts ruling that had affirmed a defendant's action and remands the case back to the lower court and if the appellant withdraws his appeal before a new hear… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
I was fired from the federal job (FDIC). I had to file MSPB
I was fired from the federal job (FDIC). I had to file MSPB within 30 days from the day when I was fired. I did not. My fault. The MSPB judge decided not to hear my case. I want to appeal. There are t… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
4,029 satisfied customers
Greetings.I am a current Federal employee with status ().
Greetings. I am a current Federal employee with status (B). I received a VERBAL offer of employment from another Federal agency (A) after completing my second interview in person - I accepted the offe… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,528 satisfied customers
On July 18, 2014, I filed a race, ADA (perceived disability)
On July 18, 2014, I filed a race, ADA (perceived disability) discrimination and retaliation lawsuit against my current employer. On August 14, 2014, a co-worker who is of the same race as me filed a w… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Worked for the govt. Was terminated about 2.5 months ago based
Worked for the govt. Was terminated about 2.5 months ago based on a performance improvement plan. Was never given a performance plan for FY13. In FY12 was given a performance plan seven months after t… read more
Delta-Lawyer
Delta-Lawyer
Doctoral Degree
3,510 satisfied customers
I am employed as an hourly employee with federal government.
I am employed as an hourly employee with federal government. I feel that my supervisor is targeting me for termination of my employment by creating a trail of paperwork and overly excessive disciplina… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
37,270 satisfied customers
Is there a discrimination case if an individual, who volunteered
Is there a discrimination case if an individual, who volunteered for a reduction in force (RIF) from a federal agency because his/her position was going to be eliminated anyway (and was), is turned do… read more
Brandon, Esq.
Brandon, Esq.
Senior Counsel
Doctoral Degree
1,467 satisfied customers
Hello, I am a federal employee that has been served with a
Hello, I am a federal employee that has been served with a notice of termination on 12/10/12. I have 14 allegations and they are horrible. from inflicting bodily harm, discourtous conduct by using sex… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I need a lawyer well versed in government employment law and
I need a lawyer well versed in federal government employment law and civil rights. The agency has abrogated our MSPB agreement. I have filed civil rights, employment and retaliation charges against th… read more
LadyJustice
LadyJustice
Attorney & Counselor At Law
Doctoral Degree
410 satisfied customers
Is it illegal to share to public stamped confidential employment
Is it illegal to share to public stamped confidential employment documents and health board recording for personal benefit from a former employee and Executive Director of health a facility.… read more
JB Umphrey
JB Umphrey
Lawyer
Juris Doctor
6,273 satisfied customers
Federal Employment Question. My (fmr.) Employer - Dept. of
Federal Employment Question. My (fmr.) Employer - Dept. of Navy I provided my employer all my Employment Documents which obtained my Personable Identifiable Information (PII) with SSN requesting inves… read more
MDLaw
MDLaw
Attorney
Post-Doctoral Degree
358 satisfied customers
The MSPB overtuned their initial decision, now favoring the
The MSPB overtuned their initial decision, now favoring the Agency. Basically, the Agency fired me after I filed an EEOC case. Additionally, I was on FMLA as well as, Workers' comp. I was injured on-t… read more
Tina
Tina
Doctoral Degree
83 satisfied customers
Am I liable to repay an overpayment caused by agency error
Am I liable to repay an overpayment for 6 years, which was caused by the agency' s errors? I was retired from a Government agency under Federal Employee Retirement System (FERS). I received an annuity… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,528 satisfied customers
title 5 can the merit promotion list be combined with deu
title 5 can the merit promotion list be combined with deu list and if combined are veteran point applied? What are the rules if you have a deu list and a merit promotion list what is the criteria to c… read more
LadyJustice
LadyJustice
Attorney & Counselor At Law
Doctoral Degree
410 satisfied customers
I filed an MSBP appeal in regard to an Arbritration that was
I filed an MSBP appeal in regard to an Arbritration that was dropped by the Union regarding a reassignment issue. MSPB sent me their initial decision stating that I did not prove that they have jurisd… read more
MStrisik
MStrisik
Doctoral Degree
281 satisfied customers
While employed for an federal agency, I filed an EEO Whistleblower
While employed for an federal agency, I filed an EEO Whistleblower Complaint and a Union Whistleblower Grievance. My question is, can the agency terminate my employment while both actions are in due p… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
Gentlemen, I am a 64 year old Vietnam veteran facing the loss
Gentlemen, I am a 64 year old Vietnam veteran facing the loss of my position with the US Postal Service for whom I have been employed for the last 35 years, of present pay grade EAS-17. I am a victim … read more
A.J.
A.J.
Attorney
Doctoral Degree
1,796 satisfied customers
can a mspb judge grant a federal employee telework relief in
can a mspb judge grant a federal employee telework relief in a discrimination case who was terminated for not reporting to her assigned workplace 320 miles from her residence due to a medical disabilt… read more
Len
Len
Attorney at Law
Doctoral Degree
444 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x