Well, I’m back from two days of a jurisdictional hearing. Surprisingly, I’m actually not sure how this issue of jurisdiction will be decided. I can’t really see how the agency can win, but then again, this is the Merit Systems Protection Board. The Administrative Judge did try to sully my name, but that’s to be expected. Thankfully, the agency did a good job of making it clear that I spoke to the press often in my previous job. Very often. I hope she caught that piece of information from them. Thanks, Department of Labor. I owe you one. These days, I’m more proud of the fact that I am starting to get web hits from universities and Congress.
I do have some extremely funny stories, and some great tales of backstabbing. That should make it worth all the trouble I’ve been through. You won’t believe that the “She Wants Me” investigation story gets even stranger, with more individuals involved in it than you can ever imagine. What a waste of taxpayer money.
4 users commented in " MSPB: Back from Two Days of a Hearing "
Follow-up comment rss or Leave a TrackbackCurious – was the hearing done at a neutral site or via VTC?
Two days for a jurisdictional hearing?
Stay positive!
I’m in SF, so it was at the SF MSPB office. Two from Washington DC were VTC, the rest were local. It was long; I have a headache, and I have a pile of work that I have to catch up on.
I still don’t know how the agency is going to win when it hasn’t even tried to make an argument that it followed its own procedures, or that it took precautions to prevent harassment and a string of retaliatory events. Moreover, these inherently biased investigations weigh favorably in the Heining test, used for constructive discharge cases. There was no way I could have forseen any improvement in my working conditions, and the agency has argued that if I stayed, they would have retaliated further.
Alas, my theory is that DOL is testing the limits of MSPB to see how far it can argue the opposite of what it needs to and still win.
You’re an example of “persistence in being human”. I’ve been through a couple of hearings and can relate. A good friend of mine who retired from the IRS told me a long, long time ago that the Agencies will do everything possible to wear you down. It take persistence, relentlessness and courage to face these individuals.
You are in my daily prayers. The truth will prevail.
AdverseAction.org
The truth will prevail eventually, but I don’t know if it will be at MSPB.
In any case, it helps that I’m no longer in the trenches, so to some extent I’m almost a third-party to this entire hearing. I recall how bad it was and how horrible I felt during the whole ordeal, but I escaped with my life and my sanity.
Fortunately, I have a loving husband and family that wouldn’t have it any other way. In the meantime, we eat ramen and spam, but realize that it is a small price to pay for keeping what really counts in life.
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