30 Percent Letter Before Final Ruling

[parforever]

I have a friend who has obvious disabilities that will make her well over 30% disabled. She has a government job lined and has been hired however there is person coming in that has been rifted. The hiring authority has told her unless she is a 30 percent vet they are going to have to hire the other person. She has done her retirment C&P in September and is waiting the final results.

Does anybody know if she can get a letter stating she will be at least 30 percent before the final percentage is done? I have searched and thought at one time I had read were you could get a letter early.

Thanks!

[MikeR]

I have a friend who has obvious disabilities that will make her well over 30% disabled. She has a government job lined and has been hired however there is person coming in that has been rifted. The hiring authority has told her unless she is a 30 percent vet they are going to have to hire the other person. She has done her retirment C&P in September and is waiting the final results.

Does anybody know if she can get a letter stating she will be at least 30 percent before the final percentage is done? I have searched and thought at one time I had read were you could get a letter early.

Thanks!

Has she called the VA and explained the situation? They can issue a letter that states if you are 30% or more for employment purposes. If they have not determined it then she might be out luck.

[carlie]

Does anybody know if she can get a letter stating she will be at least 30 percent before the final percentage is done?

Thanks!

par,

I do not see ANY reason or way at all for this person to get a letter stating,

"she will be at least 30 percent" prior to a rating decision being made and promulgated.

Not even VBA can speculate, as to what a final outcome would be.

[broncovet]

Im sure this is frustrating, but I do agree with Carlie. She may be able to explain the situation to those involved, but there is no guarntee they will listen.

This is a good example of

"Justice Delayed is Justice Denied" concept.

You see, by delaying your friends benefits, often unreasonably so, they miss out on a lot more than money. In this case the delays could well cost your friend her job.

[jbasser]

Something doesn't add up here.

The Veteran is going to get preference if they served according to OPM guidelines.(Meet requirements for Preference)

A Veteran cannot be bumped by a Non Veteran. These HR folks bend the rules to get what they want.

Have your friend contact OPM. I would also have them contact an employment attorney because this is going to get ugly.

Go to OPM's website and read the guidelines for a Reduction in force.

The agency may just be wanting to gert rid of your friend as it is done ervery day.

J

[jbasser]

Is there a RIF where your friend is working? or is the other poerson dislocated because of a RIF someplace else.

Here is the RIF information.

12. Determining Retention Standing-Veterans' Preference for Retired Members of the Armed Forces

By law (i.e., the Dual Compensation Act of 1964, as presently codified in section 3501(a) of title 5, United States Code), a retired member of the Armed Forces is a veteran under the RIF regulations only if the employee meets one of the following three conditions:

The Armed Forces retirement (without regard to benefits from the Department of Veterans Affairs) is directly based upon a combat‑incurred disability or injury; or

The Armed Forces retirement is based upon less than 20 years of active duty; or

The employee has been working for the Government since November 30, 1964, without a break in service of more than 30 days.

J

[Berta]

http://www.dol.gov/compliance/guide/503.htm

This contains the rights of veterans with and without disabilities.

I used to know the Vocational Rehabilitation Act like the back of my hand- good thing-

the VA tried to pull something like this on my husband in order to hire family member--

long story we raised Hell and had these regs with us when we did it----

However does she have any SC rating at all yet?like is she 10% SC yet?

If she doesn't have a SC rating then she is not a "qualified" disabled individual under USC 2018.

John is right too-

As a veteran without a SC rating she also has certain rights that non vets do not have regarding federal cntractors

Been there done that too-

VA hired a non vet to fill a full time position because she was friends with someone at VA.

Every Part time vet raised Hell who also had applied for this position. They were all qualified for it.

My husband was only vet who filed EEOC case however.

I went over what questions he should expect from the investigator.

He messed up big time on one question when the investigator interviewed him and I was sitting there listening and knew this case went right down the toilet with his answer.

However I obtained not only personal info under FOIA from VA regarding the applicants (VA violated their privacy there) but also the entire testimony his co workers gave the investigator.

I used it to help his PTSD claim.It even helped my DIC claim.

Best to give the entire regulations a good read at the link I gave you.

Does she have the OPM "qualified" statement yet from OPM.

That OPM statement helped us get a VA personnel director fired regarding another discrimination VA problem my husband had.

This was many years ago but employment discrimination is still alive and well.

In another situation my husband won the first ADA case here in NY.

This was against a large federal contractor-

On a lay off recall he had first preference as a veteran to be recalled and they recalled a non vet, with less on the job time than him- first.

I did all the legal work on that and I sat on the PO steps the Morning after the ADA became law -waiting for them to open-to mail it all. There was a lot more to this-years of fighting with DOL for him to even get hired which he finally was hired.

This large company in NY had a 7 year hiring rate of less then 1% new hires as disabled veterans.Yet they touted they were vet friendly.

It had been 1% until they fired the sole disabled vet that they had hired until they hired my husband.

NO ONE should allow their employment rights to be violated.

Edited January 18, 2011 by Berta