PDA

View Full Version : Can management reissue proposal to remove after RIF you won


Michael Daney
10-31-2006, 04:28 PM
I put this same post on the state of NM thread site, however, I was hoping by adding it to the federal one I might reach more people.

I am employed by the OIEP/BIA/Dept of the Interior

I was placed on paid admin leave while under investigation. I was not given any of the requested documents requested when given a proposal of removal letter. When I questioned management they informed me my situation was a non issue because I would be placed in a reduction in force. I was, however after a year and half later I won my arbitration and am to return to work.

I could have taken a buy of of back pay and an additional four months pay not to return or as my attorney was informed, the original proposal to remove me will be brought back up again.

Prior to the RIF I was informed by the personnel officer and HR rep that once the RIF happened this would be a non-issue.

So can management bring this back up? Is the personnel and HR's rep word not binding? Is there any statues of limitation once a proposed removal has been started?

I have looked through Title 5, OIEP, BIA, DOI rules, regs, and cases and find nothing.



Thanks,

Michael Daney

cbg
11-01-2006, 11:21 AM
All the same people respond to all the employment law forums. You will not reach more or different people by posting twice. You will not get more or different answers by posting twice.

All multiple posts do is confuse the responders. Please post each question only once. Thank you.

Michael Daney
11-01-2006, 12:12 PM
Sorry to post twice, however, it wasn't to try and cover more people and information. I initially posted it under the state of NM and not under federal law threads. Although I work and live in New Mexico, my place of employment does not fall under State or county law, only federal government laws. I do take your advise seriously and will not make this mistake in the future. Please bear with me. Thanks MD

Michael Daney
11-01-2006, 12:19 PM
cb, I guess what I should have stated that I was hoping to reach the correct people who might know and/or be familiar with federal law, not that I posted twice to reach more people. That is why I reposted under OHSA, State, & Federal Labor laws and not just under the state of NM employment law.

cbg
11-01-2006, 12:28 PM
Even so, the same people are going to read it under all the forums you mentioned. We don't have different people reading different forums; we all read all of them. Anyone who will see your post in the Federal forum will also see it in the NM forum.

If you're really, really in the wrong place, I can move the thread. But it's just not necessary in this case.

I know you're new here; I'm not yelling at you. Just letting you know how it works.

Michael Daney
11-01-2006, 05:15 PM
Thanks again for the information. Point noted.

Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements