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  1. #1
    Join Date
    Mar 2007
    Posts
    2

    Default Suing the Postal Service

    I work for the postal service and filed a lawsuit against them in federal court due to misbehavior/lying of management which cost me four grand.

    I first tried small claims court but they referred me to the federal court since it involved the postal service.

    But the US Attorney believes they have no jurisdiction in this case and during the teleconference with the judge it appears that's the case.

    The judge ordered that the attorney file paperwork stating why my case doesn't belong there and then I have to reply.

    He was very sympathetic to my plight and even asked the attorney if she knew of any way I could recoup my financial losses. (I paid four grand to an attorney to represent me in an MSPB appeal against an unjust suspension based on lies. Three months later the postal service removed the suspension, returned my back pay, before the appeal was heard, therefore making my appeal moot and I couldn't recover my lawyer's fee.)

    The judge advised me not to get another attorney -- no use throwing away more money and wished I didn't even have had to pay the $300 court fee to file the case -- and that I would have to go to a law library to get info re answering the attorney's response.

    Can anyone give me a start on where to look in a law library or online for this information? I live in the Philadelphia area.

    Thanks.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Suing the Postal Service

    What exactly is it that you currently wish to achieve?

  3. #3
    Join Date
    Mar 2007
    Posts
    2

    Default Re: Suing the Postal Service

    I would like to find a precedent that would enable my case to be adjudicated in Federal Court.

    The fact that postal management conspired to get me suspended based on a lie which prompted me to spend the four grand I feel should be heard somewhere. They never admitted any wrongdoing in this and still don't.

  4. #4
    Join Date
    Dec 2005
    Posts
    200

    Default Re: Suing the Postal Service

    Did the USPS or MSPB require that you have the services of an attorney to appeal your suspension? Or, was it your choice?

    If your situtation is typical of most matters that go before MSPB, your employer took disciplinary action against you which you appealed to the MSPB. You hired an attorney to represent you before MSPB. Then, your employer rescinded the disciplinary action, thus making an appeal before MSPB unnecessary and you no longer needed the services of an attorney to represent you. Apparently, the attorney's fees for preparing to represent you totaled $4000.00.

    I don't know of any way that you will be able to sue the USPS to recover the $4000.00. The USPS is not responsible for your decision to engage counsel.

    You have not provided enough information to give you guidance on how to respond to the US Attorney's eventual petition to the Court to dismiss your lawsuit. You need to know on what basis the US Attorney's concludes that the Court does not have jurisdiction. Once you get that, you can address it.

  5. #5
    Join Date
    Sep 2007
    Location
    New Jersey
    Posts
    4

    Default Re: Suing the Postal Service

    Quote Quoting mike888
    View Post
    I work for the postal service and filed a lawsuit against them in federal court due to misbehavior/lying of management which cost me four grand.

    I first tried small claims court but they referred me to the federal court since it involved the postal service.

    But the US Attorney believes they have no jurisdiction in this case and during the teleconference with the judge it appears that's the case.

    The judge ordered that the attorney file paperwork stating why my case doesn't belong there and then I have to reply.

    He was very sympathetic to my plight and even asked the attorney if she knew of any way I could recoup my financial losses. (I paid four grand to an attorney to represent me in an MSPB appeal against an unjust suspension based on lies. Three months later the postal service removed the suspension, returned my back pay, before the appeal was heard, therefore making my appeal moot and I couldn't recover my lawyer's fee.)

    The judge advised me not to get another attorney -- no use throwing away more money and wished I didn't even have had to pay the $300 court fee to file the case -- and that I would have to go to a law library to get info re answering the attorney's response.

    Can anyone give me a start on where to look in a law library or online for this information? I live in the Philadelphia area.

    Thanks.
    Hi there,

    I am a postal service (vet) employee and I have been down the same road and in fact I have gone to the US Court of Appeals.
    I would like to know more about your situation and the status of your MSPB case.

    Please contact me.

  6. #6

    Default Re: Suing the Postal Service

    mike888
    I like to know do you still have your job, I recently file am EEO and recieved 2 suspension one 7 day and a 14 day my guest is they will file one more suspension then removal, I think that we as empolyees should go to the media. and let them know what the u.s.p.s is doing. what do you think?

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