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  1. #1
    Join Date
    Apr 2016
    Posts
    3

    Default Fired for Not Immediately Reporting an Accident

    I have been searching the net for the last 4 days and i have only came across one case minutely similar to mine.

    I was rehired after an MSPB settlement. I am under an LCA and it states that I am held to the ELM. Since my return in March 2015, I have had this one manager harassing me. Threatening me with violations according to my LCA (Last Chance Agreement). I have a total of 12 years of work service.

    In July 2015 I did a large route to quick. I just felt fatigued. So i went home and woke up in sever pain the next day. I just figured i had pulled something in my foot. So upon my return to work the next morning I immediately went to my supervisor and told them that i must of hurt myself at work the day before. Well the station manager, not even my supervisor. Wrote me up for failure to immediately notify them of a traumatic injury. This case was settled under one condition. That i drop my EEO claim against them. It was either go through the legal process or just settle it. So i did.

    Even though i dropped my EEO claim there was 27 people that had signed my paper work regarding this manager that was harassing me. So the HR team sent an investigator down to see what was going on. The lady that did the investigation was shocked and appalled what was happening. So she sent her report up to the higher HR people. I have request a copy of the report, the union has, even the EEO rep in the office has. No one has prevailed in getting this report.

    So i transferred away from the bully supervisor. Life was good. Well then he got transferred over to the office i work at as station manager again. So on Feb 27th 2016 i strained my knee a little. This happened around 1245pm. I continued my route completed it and on the drive back to the office my knee was throbbing. So when i went into the office i reportedly what happened how i twisted it. That i did not seek medical attention at this time. I continued working for 17 days after the incident and the written statement. Nothing was ever said or done about the failure to report immediately. March 17th 2016 i notified my supervisor my knee had gotten worst and was swollen so i filed a workman's comp claim.

    I was off for about 2 weeks through rehab and everything. I went back to work full duty and a couple days later on April 4th 2016 i was called up front for an Investigative interview. I explained to them that i didnt realize i was hurt during the day. That i felt i reported it immediately. On April 21 2016 I was given a proposed removal. The removal states that i failed to notify management immediately of an injury and that i hindered their ability to allow medical treatment and investigation. Which caused a failure in my duty as a carrier to carry out my duties. Which violates my LCA since it states that under the ELM.

    The facts i did find are as follows:
    1. The discipline was untimely. If it was a sever act and hindered the postal operation then i should of been written up within days of the injury report.
    2. OSHA itself expresses concerns on companies disciplining employee's for reporting injuries even if they have a time restriction. Since injury reporting is an employee's right. And disciplining employees just because of reporting an injury is discrimination and illegal. OSHA also recognizes that employees shouldnt be punished for injuries they might not know they had sustained (since injuries can take time to set in)
    3. 2 injuries at the same office in the last 2 months. The individuals did not even give written statements of what happened and both employees said they continued to work until they realized they were injured.

    I feel my best chances are to file an EEO and have an arbitrator preside over it instead of the MSPB since the MSPB win rate for employees is below 3%.

    If there is anything else anyone can off or help with please comment. Thank You

  2. #2
    Join Date
    Mar 2012
    Posts
    1,360

    Default Re: Fired for Not Immediately Reporting an Accident

    File for unemployment.

  3. #3
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Fired for Not Immediately Reporting an Accident

    Federal employment, especially Postal employment, have rules and issues that do not arise in the private sector. So far as I am aware, there is no one here truly familiar with all the ins and outs of challenging a federal employment termination decision.

    The EEO process for federal government employees is different than for the private sector, too. The EEOC explains the process here: https://www.eeoc.gov/federal/fed_emp...t_overview.cfm

    Note that the EEO process only deals with claims of illegal discrimination by the agency against you, e.g. termination because of your race, color, national origin, sex, age (if you are over age 40), religion, disability, or genetic test information. The problem here is that your termination does not seem to be based on those factors but rather on a claim that you violated work rules and your LCA by failing to report a work-related accident timely.

    A challenge that the termination was improper because the agency violated the rules (untimely discipline, etc) or that the dismissal lacked cause is generally something you need to take up with the MSPB. Employees do not win a lot of those cases because most federal agencies try hard to line up all their ducks in a row before firing an employee.

    I suggest that you consider consulting an attorney who represents federal employees in situations like this. The rules are detailed and you need someone who is familiar with them to determine if you’ve got a good challenge to bring to get the job back. I used to be a federal government manager, but the details of this are nevertheless something I don’t know well as I never had the need to fire anyone.

  4. #4
    Join Date
    Apr 2016
    Posts
    3

    Default Re: Fired for Not Immediately Reporting an Accident

    Well I had filed an eeo in the past. So retailiation for doing so and discrimination because I'm a veteran.

    As I talked to 5 other carriers today they all have been injured in the last few months. Every single one of them reported their injury hours after the initial incident happened. They are all willing to write statements for me.

    Since the MSPB seems to go against employees I feel that letting it go to arbitration and continuing with the eeoc is my best odds.

  5. #5
    Join Date
    Feb 2008
    Posts
    1,179

    Default Re: Fired for Not Immediately Reporting an Accident

    I have to agree that you should seek legal counsel who is familiar with federal employee/postal worker employment laws. If they think you have a case looking at the specific policies and agreements, then you will know how to proceed. I think you will have a hard time proving a case under regular EEO laws because while you are a veteran, you generally have to prove the adverse treatment was due specifically to that -- you'd have a better chance possibly that it was retaliation for your former WC or EEO claims unless you can show that they regularly discriminate towards veterans (and it is my understanding that if anything veterans are more likely to get and keep jobs in the USPS)

    You say you are rehired due to a settlement and under a LCA so your employment is dependent on those details...were the other 5 carriers also under an LCA? If not, I am not sure it is an apples to apples comparison.

  6. #6
    Join Date
    Apr 2016
    Posts
    3

    Default Re: Fired for Not Immediately Reporting an Accident

    The employees were not under an LCA. All employees are to abide by the ELM. I recognize the differences as for example those carriers got a letter of earning and I was removed for violating my LCA for the same offense.

    But when those carriers don't get any recourse or even a discussion to the matter it becomes just that.

  7. #7
    Join Date
    Feb 2008
    Posts
    1,179

    Default Re: Fired for Not Immediately Reporting an Accident

    I dont' totally understand all the acronyms and definitions of some of the wording that you are using and that is why I will say again to get counsel who is familiar. But even if two employees commit the same offense, the employer generally can and will look at prior warnings and offenses and base the discipline on the individual and that is not illegal discrimination. Some companies will remove some offenses if they are older.... but to expect the same discipline for the same offense when you are on LCA and they are not (assuming last chance agreement is what it sounds like - a performance improvement type plan where this is your last chance or you will be terminated). Sounds like the others still had more chances left than you do.

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