Fired, and I still don't know why. . .

[Gilhelmi]

Well I guess, in about 3-6 months I will be making some popcorn to enjoy the show. (I pray)

Especially, the Federal investigators part of this story.

Good luck and God-Speed my brother.

[silverstaff]

A slight update.

Nothing I can say about the possible legal action, but. . .

I paid for the shirt. When I stopped by to hand off the check, they handed me the shirt. I told them I didn't think I could have it, my former co-worker said they didn't care and I'd paid for it. So, I have a shirt I can't wear in public or it would be Impersonating an Officer, but I guess it's something of a memento of my time there.

I had a former co-worker text me the other day asking how I was doing. We chatted briefly. Apparently morale there is still low, and the other probationary employees are chatting among themselves wondering if they'll get fired out of nowhere. Overall respect for management has taken a nose-dive, and they are getting ready for their annual employee appreciation week (a week where they have some catered lunches, an office picnic, and a few other little nice events to talk about how the office is one big family and they appreciate their Officers), and there are apparently a lot of snarky comments being made about how it's total BS because if they appreciated the Officers, they wouldn't be firing them out of nowhere.

I'm getting my unemployment benefits, they didn't try to tell the Unemployment Office there was any misconduct, so I have the letter from the Unemployment office saying my termination was not due to any misconduct or fault of my own, for what that's worth. Okay, it's worth about $600 every two weeks :-)

On the plus side, I have an interview with another agency of the State Government next Wednesday for a position with them, and the Postal Service wants to do a pre-employment background check on me so I'm doing well with the hiring process there. Also had a friend-of-a-friend introduce me to the Special Agent In Charge at the local office of a Federal agency I've long wanted to go to, and I'm a good candidate for becoming an Agent with them, but it's a very long hiring process so they even said to get another job in the meantime, but my longer-term career goals are still tracking.

[Jay 2K Winger]

A slight update.

Glad to hear you've landed on your feet, silverstaff, and that your Former Employer is now feeling some backlash (even if it's just in employee morale and snarky remarks) from recent events.

Best of luck in what's to come.

[silverstaff]

An update on this whole matter. . .

First, I'm searching for an attorney.

The JAG officer can't represent me. I didn't know this, he didn't say it or make it clear at our meeting. He apparently thought it was so obvious that he didn't need to say it. He can only advise me and consult with me, but he can't represent me on any civil case, not even one tied to my military service. He's only able to represent the military as a whole or the unit we are in.

So, I've been looking for a private attorney, and preparing to take this to the State Employment Board pro se.

My search for an attorney has truly sucked. So far I have dealt with:

2 law offices that say they ONLY represent employers in Employment Law affairs and never employees. The moment they heard I was an employee taking a case to appeal before the employment board they couldn't get me off the phone fast enough.

3 law offices that say they never handle any kind of administrative hearing (which this is) and only handle cases in court. They told me they'd be happy to represent me if/when this rises to being a USERRA complaint, but they said they refused to represent anyone before an administrative board.

1 law office that told me very quickly that they don't do employment law and refuse to touch my case. Despite their entry in the Yellow Pages and their web site listing "Employment Law" under their types of practice, when you call them they say they don't do that.

1 law office that would represent me, but I realized it would be a bad idea to do so. This place was was kinda shady. It's the only law office I've called where an attorney picked up the phone instead of a paralegal or secretary. The attorney listened patiently as I explained the situation, then told me I had a slam-dunk case where I was sure to get my job back, and he'd be happy to take my case, but he needed a $2000 retainer ASAP, as in within the next 24 hours, or he couldn't take the case. He explained that this would be extremely labor intensive and take up much of his time all summer working on this case, so as soon as that $2000 was used up, he'd need another $2000 and so on. I asked him if he'd work on contingency, and he refused. He said that the money I'd be awarded in back wages would not be enough to make up for his legal fees. I noted that if I was restored at the next hearing, like he says I should be, I would be due around $10,000 in back wages, so is he telling me that he's charging me over $10k to represent me in this case? He then began to talk about how getting back wages wasn't guaranteed, so he couldn't work on contingency since he couldn't guarantee getting paid, and when I seemed unconvinced he started talking about how his $200/hour rate is set by his law firm but he could get it cut to $150/hour as a special deal just as soon as he gets that approved by his superiors at the firm. Overall, a very shady lawyer who seemed like he was desperate to get as much cash from me as quickly as possible. I politely hung up on him.

1 law office that wouldn't even talk to me without me paying them a few hundred dollars. Every other firm would do a free consultation on the phone to see if it was worth their time, and mine. One of the firms that said they don't represent employees had the paralegal who was telling me this give me the name and number of an attorney that she said might be able to help me. I call their office and introduce myself and the moment I start to talk about my case, the receptionist tells me to shut up and says the don't do phone consultations and before I can even tell them what my case is about I have to pay a $200 consultation fee and come to their office and tell the attorney in person. That left me with a bad taste in my mouth compared to the other firms. Even the scummy cash grabber was willing to at least discuss the case without me risking money up front. Given how many firms said they wouldn't represent me for various reasons, it felt like too big of a gamble to hand over $200 just to be told they won't take my case.

. . .so I've called the Veterans Services department of Legal Aid. Had a few conversations with them. I'm over the income/assets limit of being helped by Legal Aid. . .but the attorney that contacted me said my case was unique enough that she was going to put it out for the Bar Association's Pro Bono program to see if an attorney is willing to take it Pro Bono since a case like this is rather unique and some attorneys might want to take it just for personal reasons. She said she'd get back to me some time this week to see if an attorney would be interested in taking it Pro Bono.

The attorney from Legal Aid I talked to said she'd be interested in taking it Pro Bono, except she focuses on family law, she told me that the Veterans Legal Aid program she is a part of usually focuses on criminal defense, defending against evictions, and family law issues (custody, divorce, ect.) and she and the other attorneys there have zero familiarity or experience with administrative hearings at the employment board.

So, I'm about this close to having to represent myself pro se at the hearing.
I had the preliminary hearing last month, which went well, and I definitely got the attention of the employment board when I listed my complaint and they wanted me to go on the record with my allegations. That definitely got their attention and seemed to make it clear that they would consider this an extremely serious matter if I could substantiate my claims.

I've got a hearing late next month that is the next phase in this process, that if I don't have an attorney at, I'll be representing myself.

So, that's where this story currently sits.

[CrazedClerkthe2nd]

Wow, that's quite an adventure but it seems like you are slowly but surely moving in the right direction. Keep at it and good luck!

[MoonCat]

Have you specifically searched for lawyers who specialize in Labor Law?

[Gilhelmi]

I guess, when I think about it, I am not surprised by the difficulty in finding an attorney for this area of the law. I mean 99 times out of 100 the people who file these complaints are just trying to make trouble, so I can not imagine them hiring a lawyer. Then less than half of the legitimate claims are pursued because of the difficulties you mentioned.

I hope the Pro-Bono route goes well. I have heard many great success stories and you have a really good case. I am sure there is a lawyer out there that can help.

[silverstaff]

Have you specifically searched for lawyers who specialize in Labor Law?

Yes. These were firms that either advertised in the Yellow Pages or online that they handle Employment/Labor Law issues.

As I found out, this usually means they don't work on administrative hearings, or they refuse to represent employees, and that one guy who said he'd represent me but only for $10,000+ in fees up-front before he even sets foot in a hearing room.

The only one I didn't see advertising it was the one that wanted a $200 consultation fee to even talk to me, and I found out about them from a recommendation from a firm that refused to deal with me because they only represent employers.

[Shyla]

Go to www.nela.org to try their service finding a lawyer. They are pro-employee.

[Sapphire Silk]

Be very careful if you end up representing yourself. The other side will have a lawyer and he will be a pit bull.

I strongly urge you to find someone with a law license to represent you, even temporarily, until you find the right attorney. Or reschedule.

[silverstaff]

Be very careful if you end up representing yourself. The other side will have a lawyer and he will be a pit bull.

I strongly urge you to find someone with a law license to represent you, even temporarily, until you find the right attorney. Or reschedule.

Well, I hadn't been able to find an attorney willing to represent me, or one that wasn't going to demand a five-figure sum to do so.

I got a callback a couple of days ago. I'd called the Veteran Services office of the local Legal Aid agency. After some wrangling, and a waiver (apparently my family is over the normal income limit due to my wife's job), I've gotten approval to get an attorney pro-bono through Legal Aid. They said they normally handle things like eviction cases, disputed benefits claims, and family law and such for veterans, but they would ask the attorneys they have on their pro-bono list (ones willing to donate services) to find one that would be willing to represent me.

We'll see how that goes, and if one is willing to take my case pro-bono on recommendation from the Veterans Services branch of Legal Aid.

The JAG Officer at my unit keeps saying that it's a simple enough hearing and I shouldn't have any problems representing myself. At the preliminary hearing in May when I represented myself, the presiding officer at the hearing was stunned that I was going Pro Se and heavily hinted I should get an attorney, which is why I've been asking around.

[silverstaff]

Well, here's a semi-update on this saga.

It's still going through the appeal hearing process. It should be going to a final hearing, basically a trial over this, next month.

I expect to have quite a story to tell, just based on what's happened so far. Trying to not give any more details until the final hearing is complete, but I wanted to let people know this story is still ongoing.

As for all the "this gonna be good" memes and such, yes, that was justified. I think it's going to be good.

[eltf177]

Glad to hear this, best of luck to you!

[Golden Phoenix]

*reads thread*

Ok then.

*Grabs snacks and drinks, retrieves crochet project, fetches some pillows and blankets and gets comfy on a chair*

I'm ready, this should be fantastic.

Anyone want a pillow?

[morgana]

Anyone want a pillow?

Thanks! *shoves pillow in small of back, pulls out the once-and-future-embroidery-project* Should we make ?