Suing a superior in the federal government

[Anonymous]

Anyone BTDT?

I would be suing for discrimination and there is evidence based on communications to a third party.

I've heard the federal government settles to avoid prolonged litigation.

[Anonymous]

You can file an EEO complaint...but suit is against the federal agency, not superior.

It's almost always not legally possible to sue the superior (few exceptions)

And sometimes the gov't settles but not always.

[Anonymous]

Anonymous wrote:You can file an EEO complaint...but suit is against the federal agency, not superior.

It's almost always not legally possible to sue the superior (few exceptions)

And sometimes the gov't settles but not always.

The EEO does not cover the type of discrimination I faced. My damages were lost wages and legal fees as a direct result of a superior's actions in conjunction with coworkers. There is probably much more evidence in email communications.

[Anonymous]

you can file an eeo complaint against the agency. eeo will have you go through the local/state labor board first. they will tell you if you have the right to sue via eeo. eeo doesn't have to 'accept'your complaint and may say you are not entitled to sue.

[Anonymous]

Sounds like you have a very specific fact pattern and it probably isn't a good idea to share them here. There are other posts with recommendations for employment attorneys. A consult with one of them would give you an idea of whether you have a case.

[Anonymous]

Anonymous wrote:

Anonymous wrote:You can file an EEO complaint...but suit is against the federal agency, not superior.

It's almost always not legally possible to sue the superior (few exceptions)

And sometimes the gov't settles but not always.

The EEO does not cover the type of discrimination I faced. My damages were lost wages and legal fees as a direct result of a superior's actions in conjunction with coworkers. There is probably much more evidence in email communications.

Um then what kind of lawsuit do you think you are going to have if the discrimination is not covered by eeo laws? This sounds very unlikely, but the best way to tell is to contact an employment lawyer. They will usually do a free screening call and if they are not willing to take your case on contingency you probably have no case.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:You can file an EEO complaint...but suit is against the federal agency, not superior.

It's almost always not legally possible to sue the superior (few exceptions)

And sometimes the gov't settles but not always.

The EEO does not cover the type of discrimination I faced. My damages were lost wages and legal fees as a direct result of a superior's actions in conjunction with coworkers. There is probably much more evidence in email communications.

Um then what kind of lawsuit do you think you are going to have if the discrimination is not covered by eeo laws? This sounds very unlikely, but the best way to tell is to contact an employment lawyer. They will usually do a free screening call and if they are not willing to take your case on contingency you probably have no case.

Despite what it sounds, the EEO does not cover every federally protected status.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:You can file an EEO complaint...but suit is against the federal agency, not superior.

It's almost always not legally possible to sue the superior (few exceptions)

And sometimes the gov't settles but not always.

The EEO does not cover the type of discrimination I faced. My damages were lost wages and legal fees as a direct result of a superior's actions in conjunction with coworkers. There is probably much more evidence in email communications.

Um then what kind of lawsuit do you think you are going to have if the discrimination is not covered by eeo laws? This sounds very unlikely, but the best way to tell is to contact an employment lawyer. They will usually do a free screening call and if they are not willing to take your case on contingency you probably have no case.

Despite what it sounds, the EEO does not cover every federally protected status.

I am unaware of any situation in which you could sue a federal manager directly for "discrimination" that is not covered by EEO laws. Whistleblower status? Still have to go to OSC and MSPB first.

[Anonymous]

Anonymous wrote:you can file an eeo complaint against the agency. eeo will have you go through the local/state labor board first. they will tell you if you have the right to sue via eeo. eeo doesn't have to 'accept'your complaint and may say you are not entitled to sue.

This is for the private sector, not the federal government. For the federal government, you do not go through the state/local procedures, and you do not get a right to sue letter.

[Anonymous]

Why don't you tell us what happened?

[Anonymous]

Are you represented by a union? Some Feds are. If so, go that way.

Otherwise, you sue the Fed gov, not your supervisor.

My mother's office was sued a couple years ago, for discrimination, and she had to testify. The complainant won. The reason is that her superiors consistently gave her an Excellent score at every performance review, despite her sub-par work and showing up late all the time. I think the complainant got at least a few hundred K out of it.

[Anonymous]

Unless you're looking at a significant amount of money, definitely consider options. Talk to a lawyer. You'd be surprised what fed agencies will do in response to threats of lawsuits -- retaliation, for example -- leaving you unemployed and suing, out of your own pocket. Something to consider.