[blindlaw] DVA Dispute Resolution Program Manager BreachesConfidentiality

Frye, Dan DFrye at nfb.org
Fri Dec 18 13:57:56 UTC 2009


Cathryn:

During my years as a Federal employee (I'm no longer serving in this
capacity), I served as a union representative. Consequently, I have a
variety of experiences that I can share with you that could prove
helpful in resolving your situation. Give me a call or write privately
(my contact details are below) if you wish to communicate. In the
interim, follow your current course of action. Get your appeal filed,
continue doing your job, document your efforts at resolution, and
minimize your verbal, undocumented communication with your manager to
instances of absolute necessity and preferably limit conversation with
her to circumstances in the presence of reliable others. Stay strong
while you're fighting the system because you're always at a disadvantage
if somebody with authority over you has decided to target your
performance. You either have to make your way through the process of
acquitting yourself or decide to leave. If you've chosen to try and
stay, you seem to be doing what you must. Finally, begin discretely
looking for other employment opportunities so that you have options if
matters become intolerable or a decision on the merits of your EEO and
other complaints are not favorable. I know nothing about the substantive
merits of your case, but these are my superficial first thoughts. Write
or call if You'd like to discuss this further.

Dan Frye 

-----Original Message-----
From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org]
On Behalf Of Cathryn Bonnette
Sent: Friday, December 18, 2009 4:05 AM
To: 'NFBnet Blind Law Mailing List'
Subject: [blindlaw] DVA Dispute Resolution Program Manager
BreachesConfidentiality

All:

A sum of events follows in my federal employment.  I will be very
appreciative of ideas you may wish to offer.  Thanks in advance for your
time.

 

I've been an Alternative Dispute Resolution, ADR, Specialist at the
Department of Veterans Affairs, DVA for 3 years next March.  I'm
experiencing ongoing retaliation in a hostile environment, and trying to
tolerate it to remain employed and achieve career status.  The situation
is now intolerable 

I was recruited into a Schedule A, (disability related hiring
authority), and moved from California to Washington DC 3/07.  I was
given opportunities above my grade level, GS-11, within the first 6
months, completed assignments successfully and promoted to GS-12 in
3/08.  In 5/08 a manager was promoted to become my direct supervisor.
Days before her promotion was finalized, I asked my current boss, the
Deputy Assistant Secretary, DAS for a transfer since I had experienced
this manager's verbal abuse and discriminatory treatment from the start
of the application process.  The DAS assured me the manager would not
bother me but denied my request.  In the next rating period after my
promotion, the manager rated me as "needs improvement'".  In 12/08 the
oral threats of termination at any time began coming from the manager
with no guidance, counseling, etc. and I filed an
EEO Complaint in 1/09. The manager terminated me in 2/09.    I appealed
to
the Secretary of VA, and his Chief of Staff, John Gingrage, stated "We
will make this right." The termination was reversed, but I was placed
back in the same office under the same manager.  I was given to
understand it was a "take it or leave it" proposition.  

I resumed work but the same pattern continued with the set up for
failure
becoming more blatant.   I hired Gebhardt and Assoc. to represent me in
the
EEO process. As my complaint moved to the formal stage, the manager
placed me on a Plan to Improve Performance, PIP in 7/09, required me to
change software from what I had used, and team members continued to use,
increased my work load and added unfamiliar assignments . The manager
also designated an incompetent reader/sighted assistance and has ignored
all my communications of ineffective reasonable accommodation. 11/09 she
reported I failed the PIP and proposed my removal.

We are preparing a response given a deadline of 12/24/09.

Yesterday as the manager and I discussed my assignments and I asked for
clarification on a change to my performance standard she made lest week
that ensures my failure, the ombudsman walked into the meeting and I
agreed to spend 15 minutes articulating the issue to him.  At that point
the manager said, "Well, I don't think I'm speaking out of turn, but-
"and proceeded to disclose that I was on a PIP, had failed the PIP, and
she had proposed my removal.  I have never discussed my personnel
history with team members or other employees.  I confronted the manager
with the breach of my confidential records and observed as she
rationalized her conduct stating that the ombudsman is acting to resolve
a dispute, and the information was relevant to him- as though discussion
of any performance question with this manager must include the ombudsman
and my agreement to meet with him a few minutes gave the manager license
to disclose my confidential record.

 

I was unable to concentrate on work due to my own experience of shock
and the manager's continued oral harassment as she repeatedly entered my
office through the remainder of the day. I guess the only way to get
away from her is  to take sick leave today and Monday to determine next
steps.  I am very close to achieving career status- March 5 2010.  I
believe this manager intends to ensure I never accomplish it, and that
her determination to be rid of me is of utmost importance to her.
Meanwhile it is difficult for me to decide a best course to take at
present.

 

Again, thanks for listening.

Cathryn Bonnette (cathrynisfinally at verizon.net)

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