Anyone who is forced to resign in lieu of termination has a duty to disclose the forced resignation. This duty applies even when the agency offers the employee a clean record (which relates to your comment about the Trump EO). If you don’t disclose the forced resignation and the agency finds about it, you can be fired and prohibited from working in the federal government. http://askthelawyer.federaltimes.com/2013/05/09/by-resigning-you-cant-hide-pending-disciplinary-action/ |
But in the real world . . . |
Here’s what happens in the real world: https://www.va.gov/oig/pubs/VAOIG-11-04049-205.pdf https://cases.justia.com/federal/appellate-courts/cafc/10-3150/10-3150-2011-03-27.pdf https://casetext.com/case/cahill-v-department-of-defense |
| Anyone who fails to disclose a forced resignation is taking a huge risk by not disclosing it, as there is no time limit to fire someone for intentional non-disclosure. |
If you’re a bad enough attorney to get fired from the board, being an attorney is probably not the job for you. It’s not that hard to avoid getting fired. Signed, Former BVA attorney who left for another agency |
If the job is so easy, why are so many Board attorneys fearful about losing their jobs? Just take a look at the employee survey from 2018. |
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Also, from my experience, the only BVA attorneys who find the job to be easy are ones who work for judges that allow attorneys on their team to review only the most recent evidence in the appeal file (i.e., not review thousands of pages of evidence in the case file).
It’s easy to write a decision in 10 hours when your judge allows you to review only 200-300 pages of a 3000 page case file. Most judges at the Board aren’t like that. |
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As someone who has firsthand experience at the Board, I too find the Board to be a tough place to work at. This sentiment is doubly true for people with disabilities, as BVA management has a tendency to fire them very quickly.
Just a few months ago, the EEOC found that managers at the Board unlawfully fired a disabled employee. While I’m pleased to see this individual get justice, I’m saddened to see so many of my colleagues at the Board being forced to resign after requesting accommodations for disabilities. I truly hope things will improve, but sadly, I think that’s unlikely. I’ve linked the EEOC case below: https://casetext.com/admin-law/william-b1-complainant-v-robert-wilkie-secretary-department-of-veterans-affairs-agency |
DP. It could be there are a lot of bad attorneys at the Board. If that logical option alluded you, I could see why the law could present some problems. |
Sure, there could be a lot of bad attorneys at the Board. But, if you read the survey comments, nearly 400 attorneys expressed concern about management’s decision to significantly increase the minimum quota from 125 decisions to 169 decisions a year (i.e., draft 169 decisions a year to not get fired). Keep in mind that in the previous year, an attorney who drafted 145 decisions a year was entitled to the highest rating and a bonus. I think most people would be nervous if management required them to get exceed an outstanding rating to not get fired. |
Reminds me of BVA’s “Forum of Hate” scandal involving a number of attorneys and judges. https://nebula.wsimg.com/06ebc7b1278abc5e0d4f27d6ae8e5ae2?AccessKeyId=1FBD76F67BF87C8DD859&disposition=0&alloworigin=1 |
The SSA positions in this area go to a GS-13 without becoming a manager. There are also non-managerial 14s that are tougher to get although not impossible. A lot of people do top out at a 13 or 14 though unless you become an Appeals Judge or move into management. Not everyone wants to litigate. In fact, litigating is one of the last things I would want to do with my life, but I would never insult someone for pursuing litigation the way you are trying to insult me. Some of us just want a six figure job with good benefits, the ability to set our own hours, and telework with the guarantee of never working late nights or weekends. I have young children and a hobby I’m passionate about, so I like having control over my schedule and not having work stress. |
| The Appeals Council positions that you are referring to only go up to GS-12. You have to compete to be promoted to a GS-13 non-managerial position. Unfortunately, competition for these position is stiff and years can pass before GS-13 positions become available. |
I don’t think the poster was trying to insult you or your SSA colleagues. |
Spend a day in a courtroom, you'll see a lot of bad attorneys there too, some who can barely string together 3 coherent sentences. Or do any kind of job where you interact with a bunch of attorneys. Some are good, some are horrible. any moron can graduate law school and pass the bar. |