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Facts: The “negative evaluation” previously mentioned and ...

Sent to Legal Experts October 12 2007 at 9:19 AM
   

Facts: The “negative evaluation” previously mentioned and received was not for work performed “badly or below” standards! Yet, my rating has dropped from an   outstanding 4.6 points for the last 10 years to a failing 2.2. points as a retaliatory measure than can be proven. For example, I was negatively evaluated on work, I didn't      perform - on work reassigned to other co-workers, or on work scheduled to be performed some time in the future – in fact, on 16 cases, all continued to be my field of expertise (I am an Anti-Money-Laundering Examiner for the IRS (over 68 years old), I was failed 100 out of 104 times, or 100 out of 104 “critical job     elements”, when in reality I should have passed 100 out of 104 times, at a minimum.

Facts: When I received such bogus evaluation, I immediately filed a Union - NTEU grievance in protest. Three weeks after the filing of my grievance I received a letter from the new and spiteful manager, informing me now, that because of the lower rating – certain of my benefits have been disallowed. For example - that of “flexi-place”, the ability working from my home, instead from the Office. AWS, working 9 hrs. a day and having every 2nd Friday off – and losing my Year-End-Bonus ($1,000) just for not making the passing grades - to name a few.     

Question: Since a grievance was timely filed – protesting the entire evaluation – should not now also the disallowances of my benefits be suspended – until the grievance is decided?

 

Optional Information:
Los Angeles, California

Already Tried:
Judge Susan Roberts

Customer (name blocked for privacy)
Answer
October 12 2007 at 9:47 AM (28 minutes and 5 seconds later)
         
REPLIEDCheck Mark

Dear Customer (name blocked for privacy)

Wow - it sounds to me like you could have a very good age discriminaton matter here - it really appears that they are trying to push you right out the door. Therefore, in addition to the grievance, you might want to consider getting the EEOC involved.

As to the benefits being removed and there has been no arbitration in the matter, you are correct. These benefits should not be removed - it would be like reducing your salary before arbitration. I suspect that you have brought this to the attention of your union rep?

 

If my answer has been helpful, please ACCEPT my answer so I get credit for my effort to help you . If I can be of further help, let me know. Appropriate FEEDBACK is appreciated as is a bonus. Thanks ~ Michelle

Reply
October 12 2007 at 11:27 AM (1 hour and 40 minutes and 42 seconds later)
         
Reply to Michelle's Post: Thanks Michele, for answering so quickly, you should also know that I am a bonafide "whistleblower" citing mal-admistration and hundreds of Millions of Dollars of incompetance by the IRS. So, they have plenty of reasons to get rid of me. The way it stands now, am I not punished twice – by receiving a bad evaluation and additionally and prematurely disallowing my benefits – when nothing yet has been decided? I cannot believe it was the intend of the law for this manager to have his cake and eat it and all – by ignoring my legal protests.

Final question and very important: Knowing of all of the foregoing and accepting them as true and facts should there not be now also a suspension of my benefits until the grievance is resolved.
Your answer is very much appreciated and very important!                              Sincerely, W. Paul Lenz
e-mail: sinaloa2@pacbell.net          
          
Answer
October 12 2007 at 11:41 AM (13 minutes and 27 seconds later)
         
ACCEPTEDCheck Mark

Dear Customer (name blocked for privacy)

Yes. You are correct. In perusing the AFL-CIO website for general information on grievance procedures - your union rep should be moving forward with demands that the employer not impose any more sanctions on you until there is an arbitration hearing. Of course, this is going to depend on how the Union contract is written, but I am guessing that your union is top notch since you are with the IRS.

You really need to keep in contact with your union rep on all of this - the rep is the only one who can do anything for you - until you are outright terminated and then you have recourse for age discrimination with the EEOC and also via the courts for being terminated or otherwise harrassed due to your "whistleblowing"

 

If my answer has been helpful, please ACCEPT my answer so I get credit for my effort to help you . If I can be of further help, let me know. Appropriate FEEDBACK is appreciated as is a bonus. Thanks ~ Michelle

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