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  • Need Help Urgent

    Hi,

    I am trying to file a class action at my agency. Under what laws or codes, should I file: This is the letter I planned to send to Headquarters, But I want my letter and class action to include all the rights and protections that we can add:

    This letter is to address a legal issue that happened on "Federal Agency" and involves 33 employees. On October 30th, 2006, a bidding package was distributed among all TSA employees. On this bidding package were the names of all the employees that were bidding for the new schedule that is to start on November 12, 2006.

    The problem evolves when the last 31 employees of this list are noted down as “LR” meaning on Leave Restriction. This is a private and personal matter, only to be know by the Management, because they have a need to know basis and the employee. No other person should know of the restrictions placed on the employee.

    The violation of the Privacy Act by "Federal Agency" is not the only legal issue. The public humiliation faced by these employees is far more greater than the violation of their privacy. Their dignity and honor stripped and violated. Each one exposed, to the eyes and the comments of their coworkers. What excuse or right the employer has to do this.

    By violating the Privacy Act of 1974, the "Federal Agency" Employees have decided to take legal action to enforce their rights. They have requested punitive damages the costs of the attorney fees.

  • #2
    What is a Leave Restriction?
    Not everything that makes you mad, sad or uncomfortable is legally actionable.

    I am not now nor ever was an attorney.

    Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

    Comment


    • #3
      Leave Restriction is a Restriction on the use of Annual or sick leave. If I want to call in absent I have to give a lot of explanations to the manager before he decides to approve the day.


      Is there any code or law that protects dignity and honor??????

      Comment


      • #4
        I would like to know if I can sue because of the violation of my dignity and the attack on my honor.

        Comment


        • #5
          Honor and dignity are usually not actionable damages.

          I say usually because I am not familar with a government entity. Please wait until someone with more knowledge responds.
          Not everything that makes you mad, sad or uncomfortable is legally actionable.

          I am not now nor ever was an attorney.

          Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

          Comment


          • #6
            Your post does not specifically contain anything that I'd consider to be unlawful. Just because you believe an action to be inappropriate or unfair does not in itself make it unlawful. This is true even if the 30+ workers feel the same.

            If employed under a collective bargaining agreement (union), I'd suggest speaking with your union rep. There should be protocol for filing a grievance. Your rep should be able to guide you through this process.

            Comment


            • #7
              There is nothing illegal about posting a list of the employees that are on "leave restriction". You have no legal recourse.
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

              Comment


              • #8
                I fail to understand how an indicator that you are on a leave restriction strips you of either honor or dignity.
                The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                Comment


                • #9
                  Originally posted by cbg View Post
                  I fail to understand how an indicator that you are on a leave restriction strips you of either honor or dignity.
                  I have not figured that out, either.

                  Unions.
                  Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

                  Comment


                  • #10
                    Well because nobody needs to know my private issues, specially if that is something that only the manager and me need to know, Firts it was very humiliating having people come up to you saying that "I saw you on the list" , "What was the restriction for", stuff like that. And second I didn´t know that I was on that list until I saw it, because no manager told me I was going to be there.

                    Comment


                    • #11
                      Was there a union sanctioned contracted agreement that said that this information would not be displayed?

                      If not, you can't do a thing about it.
                      Not everything that makes you mad, sad or uncomfortable is legally actionable.

                      I am not now nor ever was an attorney.

                      Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

                      Comment


                      • #12
                        We as a federal security agency, have no union. But I believe that the privacy act protects personnal information of being displayed without or consent.

                        Comment


                        • #13
                          I don't believe a leave restriction qualifies as "personnel" or personal information.
                          The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                          Comment


                          • #14
                            I think it does because it something private that only the manager and me knows

                            Comment


                            • #15
                              Originally posted by Ms Perez View Post
                              I think it does because it something private that only the manager and me knows
                              You are speaking of the Privacy Act of 1974 and leave restrictions isn't part of what the act states.

                              Sec. 552a. (a)(4)
                              It is information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph;
                              Somedays you're the windshield and somedays you're the bug.

                              Comment

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