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    #61
    Originally posted by westexasagent View Post
    My boss is forcing me to move to Washington DC or be fired as a disciplinary action. The problem I have is that my last evaluation was Excellent and I can't figure out why he wants to send me. This is what the call the RRR in government work...Resign, Retire or Relocate. I have never been reprimanded nor written up. He just decided he wants me to go based on I am not his favorite and he likes to show off he is a boss. Do I have any legal leg to stand on to file a complaint with an agency? I am a while male 46 yrs old and he is a Hispanic male over 40.
    You absolutely have a legal leg to stand on and sue.... as long as you can prove that your firing, transfer or any adverse reaction is based on age, sex, race, national origin, religion, disability, sexual harassment, etc. ... AND IF... EEOC laws apply to certain government employees. I am not a lawyer so can disregard anything I say but I just went to school for this two weeks ago and the lawyer teaching my class said it absolutely applies to local government employees like I am. Do EEOC laws apply to state or federal employees? I don't know.

    The federal law on age discrimination begins at 40 years old.

    Do you have a case? You might. The right to work is correct as long as federal law is not violated. The idea that you have to take your firing is not correct in my opinion.... as long as you can make the case for protected status and you appear to have at least the age factor on your side.

    You need a labor lawyer to look at your case... in my opinion.

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      #62
      Originally posted by tvc184 View Post
      You absolutely have a legal leg to stand on and sue.... as long as you can prove that your firing, transfer or any adverse reaction is based on age, sex, race, national origin, religion, disability, sexual harassment, etc. ... AND IF... EEOC laws apply to certain government employees. I am not a lawyer so can disregard anything I say but I just went to school for this two weeks ago and the lawyer teaching my class said it absolutely applies to local government employees like I am. Do EEOC laws apply to state or federal employees? I don't know.

      The federal law on age discrimination begins at 40 years old.

      Do you have a case? You might. The right to work is correct as long as federal law is not violated. The idea that you have to take your firing is not correct in my opinion.... as long as you can make the case for protected status and you appear to have at least the age factor on your side.

      You need a labor lawyer to look at your case... in my opinion.
      Not meaning to hijack, but I recall a situation where a constable didn't like one of his deputies for various reasons. One being the deputy's testimony given to the FBI against the constable. The constable did some digging and also with help from his chief and others, discovered who spoke to the feds. It was after this that the constable fired or had him fired. Think it was a year or two later the county settled with the deputy and he went back to work as a deputy constable, but in a different precinct. Got all of his back wages too.

      I realize this is a totally different scenario from what the OP is facing. It just reminded me.

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        #63
        Originally posted by BaconIsMyFriend View Post
        Not meaning to hijack, but I recall a situation where a constable didn't like one of his deputies for various reasons. One being the deputy's testimony given to the FBI against the constable. The constable did some digging and also with help from his chief and others, discovered who spoke to the feds. It was after this that the constable fired or had him fired. Think it was a year or two later the county settled with the deputy and he went back to work as a deputy constable, but in a different precinct. Got all of his back wages too.

        I realize this is a totally different scenario from what the OP is facing. It just reminded me.
        I started to bring that up under the whistle blower acts both state and federal law. I work with three police officers that got substantial settlements from that and another government worker that settled out of court for $500,000 with all lawyers fees paid.

        No matter about your "right to work", they can't take any action if it is due to reporting a suspected crime. Two of the officers were demoted from "at will" deputy chief spots where they had signed a contract stating (by policy, contract and state civil service law) that they could be demoted back to their former rank without cause. Even with all of those supposed protections for the government agency about "at will" employees and "at will" promotions, all won and fairly easily.

        Whistle blower is similar to an EEOC complaint (in that at will or right to work do not apply) but it doesn't have to be a protected class.

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