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Record Amendment Procedures (SF-50)
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Strom View Drop Down
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Joined: 23 Sep 2009
Posts: 10 		Post Options Post Options   Quote Strom Quote  Post ReplyReply Direct Link To This Post Topic: Record Amendment Procedures (SF-50)
    Posted: 04 Nov 2009 at 5:01pm
I've got an unusual situation and am looking for any comments on the "right" way to fix my issue. 

Without getting into to much detail, I'll just state the basic facts:

1.  I received a probationary termination SF-50 in the mail.

2.  I have a letter from a Military O-5 SJA on letterhead stating I completed my probationary period.

3.  I presented my letter and facts (laws, regs) to my HRO who agreed I completed the prob/trial period.

4.  My HRO says they will do nothing unless I sign a settlement agreement full of clauses where I waive many of my legal rights.

Do I really need to sign a lengthy agreement to get it fixed?  The HRO says this is the normal process when record discrepancies are encountered.

I am thinking that I should use the Privacy Act to request a record amendment based on the SJA letter so I don't have to sign the agreement, or maybe I should just go to OSC with the facts and let them determine the corrective action.

I just want my record fixed, and do not necessarily want to go back to work for my previous employer.

Thanks.

    
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Break Heart View Drop Down
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Posts: 102 		Post Options Post Options   Quote Break Heart Quote  Post ReplyReply Direct Link To This Post Posted: 04 Nov 2009 at 8:33pm

"  My HRO says they will do nothing unless I sign a settlement agreement full of clauses where I waive many of my legal rights."

           

This is not good sign. What she(he) says, you better put in your daily note. I had experience from my Agency HR. I trusted her as a professional. She cheated on me to withdraw my MSPB appeal, later, MSPB AJ found out and denied my "withdraw" appeal letter.

 

Secondly, I wonder why she asked you withdraw all your appeal rights as settlement agreement. That was my experience. Personally, I did not want to accept settlement even with huge amount $ to admit nothing happen. That is not my standard. But, I have my own personal issue I have to do so to protect my love one continue works for Federal Government. That is what I said "hostage".

 

If you waive your all appeal rights, they can do what they will do with/ or without just cause to fire you. If these consequences happen, what you gonna do?

 

I just want you to beware of bad thing may happen.

 

I have to let you know my experience, Agency HR told me one story.   She put what she told me in her affidavit. however, she hid one important evidence which  directly linked my protected activity. She did not put that e-mail in her affidavit. Luckly, I started keeping my daily notes. Later. I turned it  to EEOC AJ.  Anyway, I wish my word can give you some alert. At least, there is nothing wrong for you to prepare  facing tough situation.

 

Anything could happen. If HRO runs this kinds of business, she knows how to cover up the real retaliation motive. Beware.

 

I want to say, on this Forum, positive is more than negative. There are many good people will help you by different way.

 

Best regards

 

                             


Edited by Break Heart - 04 Nov 2009 at 9:01pm
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jaybones View Drop Down
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Posts: 665 		Post Options Post Options   Quote jaybones Quote  Post ReplyReply Direct Link To This Post Posted: 05 Nov 2009 at 9:26am
Were you a member of a bargaining unit at the job?  If so, I would talk to them immediately.  As presented, this appears to be a simple fix that should not require your waiver of any rights, especially if you don't want to go back there.
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Strom View Drop Down
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Posts: 10 		Post Options Post Options   Quote Strom Quote  Post ReplyReply Direct Link To This Post Posted: 05 Nov 2009 at 1:33pm

The union is broke here, or I should say "burned-out."  They simply told me to talk to HRO who would fix it.  The HRO is understaffed, overworked and plagued with labor-management issues.  Don't get me wrong, I think there are some really good people that work in the HRO, but they are unfortunately "paralyzed" from acting on discrepancies based on past experiences with other employees and their boss's philosophy on fixing problems.

I really think they are trapped in circular environment where they can't get anyone to make a decision and shuffle the papers from one desk to the next.  
 
So, in my case, I think someone of higher-authority will have to order them to fix it.  It's an unfortunate situation and I feel bad for myself as well as many others that feel trapped in a situation that is a lose-lose for everyone.
 
So my question is:  Who is most likely to order the change?  OPM or OSC?  or is it appropriate to work both channels.
 
Nellie 2:  Any suggestions?
 
Thank you. 
  
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mudpie View Drop Down
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Posts: 649 		Post Options Post Options   Quote mudpie Quote  Post ReplyReply Direct Link To This Post Posted: 06 Nov 2009 at 8:23am
You file a MSPB claim.
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Strom View Drop Down
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Posts: 10 		Post Options Post Options   Quote Strom Quote  Post ReplyReply Direct Link To This Post Posted: 06 Nov 2009 at 8:57am
I wish I could.  It would be the best way to go.  However, I am not eligible due to being excepted service.  Already did the research and consultations.  Also, I don't think I would get anywhere trying to continue "within" the agency using any sort of informal process.  I think it has to be an outside 3rd party looking at the issue and applying the laws, regs, and policies.

Is OPM like to reverse the trial period action with the SJA letter?  My termination SF-50 is in obvious violation of the law and OPM regs.     

I guess the question is:  Can I work the OSC channel (as a complainant) and also OPM (as a Privacy Act record amendment) at the same time?  They're both out of DC, so I'm sure they could talk to each other if they needed to. 

      
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mudpie View Drop Down
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Posts: 649 		Post Options Post Options   Quote mudpie Quote  Post ReplyReply Direct Link To This Post Posted: 06 Nov 2009 at 10:35am
Then hire a lawyer and file a federal lawsuit.
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Break Heart View Drop Down
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Posts: 102 		Post Options Post Options   Quote Break Heart Quote  Post ReplyReply Direct Link To This Post Posted: 06 Nov 2009 at 11:43am
See references cases.
 
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Strom View Drop Down
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Posts: 10 		Post Options Post Options   Quote Strom Quote  Post ReplyReply Direct Link To This Post Posted: 06 Nov 2009 at 11:49am
Break Heart:  Thanks.  I will look over those references.

Mudpie:  I agree that a lawyer and federal lawsuit would work, but would also be the most painful and expensive solution. 

What about OSC or OPM?  or are they not "good" avenues to get this fixed.

Thanks in advance.
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Break Heart View Drop Down
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Posts: 102 		Post Options Post Options   Quote Break Heart Quote  Post ReplyReply Direct Link To This Post Posted: 06 Nov 2009 at 7:51pm
Dear Strom,

Also, pls read following cases. See how the cases went to either MSPB or OSC. I spent almost three hours find out.

 

Please remember, on this Forum. You are not along. Either kindly Attn. or somebody will help you.

 

1.      http://www.mspb.gov/netsearch/viewdocs.aspx?docnumber=408931&version=409853&application=ACROBAT

2.      http://www.mspb.gov/netsearch/viewdocs.aspx?docnumber=357097&version=357689&application=ACROBAT

3.      http://www.mspb.gov/netsearch/viewdocs.aspx?docnumber=355997&version=356592&application=ACROBAT

 
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