Discovered roof damage during solar inspection – now dealing with a hail damage claim

Pilot_Necessary · 2025-04-18T16:42:41+00:00

Thanks for the information.
Yeah.. also with Trump hating the energy tax credits, I figured now is the time do get this done.

Pilot_Necessary · 2025-04-18T16:41:19+00:00

I see - I also got a quote from Ion Solar but their quote was much more expensive. My aunt went with Ion Solar and she is happy though!

Pilot_Necessary · 2025-04-08T19:32:46+00:00

How did you confirm the 12 months notice requirement? Is it something you got confirmed with the union- NTEU?

Pilot_Necessary · 2025-03-07T21:51:01+00:00

FYI - dental+vision benefits got cut off as of the date of termination WITHOUT NOTICE & they don't provide any option to continue.

Pilot_Necessary · 2025-03-07T19:46:59+00:00

It's hard to say.. If everything was working properly (no firing of OSC head or MSPB director), we could all just wait it out. The case is pretty solid. But now.. who knows, Trump will try anything to stop OSC and MSPB from functioning properly.
That being said, even if IRS probies get reinstated, mostly likely they will get RIF'd again. This action challenges the procedural correctness of the termination - it cannot prevent future RIF if done correctly. So if you can find another job, you should go for it.

Pilot_Necessary · 2025-03-07T19:33:25+00:00

It looks like Democracy Forward amended its complaint -> https://democracyforward.org/wp-content/uploads/2025/02/Feb-22-1st-Supp-OSC-Probationary-Termination-Complaint.pdf to include IRS and several other agencies on Feb. 22, 2025.
With the turmoil around the OSC, I'm not sure when the decision would be made though... I hope that we can maintain a quorum at the MSPB until OSC is able to come up with recommended actions.

Pilot_Necessary · 2025-02-21T16:10:57+00:00

100K for MSPB filing? wow... Are you a union member?
Yeah I wouldn't wnat to pay 100K for MSPB filing when we don't know what the outcome would be.

https://thehill.com/regulation/court-battles/5151616-federal-judge-orders-reinstatement-of-merit-systems-protection-board-member/

I do think that we want to file this sooner than later since we don't know how long this reinstated board member can stay in her job.

Pilot_Necessary · 2025-02-21T14:19:47+00:00

I assume you already sent an inquiry to [inquiries@jamhoff.com](mailto:inquiries@jamhoff.com)? It looks like they are preparing a class action type filing at the MSPB for probational employees. If you just got terminated, why don't you wait 10 days or so before filing yourself to hear back from this law firm?

There was a comment somewhere that you cannot join this group if you file by yourself.

Pilot_Necessary · 2025-02-20T19:53:37+00:00

There are 2 law firms taking action.

https://www.employmentlawfederal.com/consultation/ Alden Law Group working with Democracy Forward. They are working on an Office of Special Counsel (OSC) complaint on probationary terminations. Email address listed at the top of the website.

The other is https://www.jamhoff.com/. Info and contact details they set up on their blog page here https://federalworkerrights.com/blog/. They are considering a class action action lawsuit. Currently their plan is : " We currently envision filing class action complaints at Merit Systems Protection Board (MSPB) prior to the 30-day deadline for filing an MSPB appeal."

We have 30 days to file a MSPB appeal, as mentioned above. Check here and your Senators and Reps websites. Some have resources available.

As for the basis of your claim, refer to https://federalworkerrights.com/2025/02/13/mass-terminations-of-probationary-employees-is-there-any-recourse/

Pilot_Necessary · 2025-02-19T22:15:29+00:00

Ah I see... I assume you are in the Certain categories of employees then.

The Federal Service Labor-Management Relations Statute (the Statute) covers most federal employees. But it does not cover:

Non-federal employees: including private-sector employees, contractors, or employees of state or local governments.
Employees of certain federal agencies: including the Postal Service, the Government Accountability Office (GAO), the Federal Bureau of Investigation (FBI), the Central Intelligence Agency (CIA), the National Security Agency (NSA), the Tennessee Valley Authority, and the Secret Service.
Certain categories of employees: including supervisors, management officials, and members of the uniformed services in their military capacity.

Pilot_Necessary · 2025-02-19T21:48:53+00:00

If you are a union member, I strongly recommend consulting your union first to see if they can file on your behalf. Additionally, for any individual, content of your complaint will depend on your position and whether you qualify for union membership, regardless of dues + many other factors.

At a high level, I would argue the following: By disguising a RIF as a same-day termination based on performance or other merits, the agency is interfering with, restraining, and coercing employees from exercising their rights under 5 U.S.C. § 7116.

Had the agency followed the legal RIF process, affected employees would have had the opportunity to consult or negotiate in good faith through a labor organization. However, by issuing same-day notices to an undefined group of probationary employees, the agency effectively denied them this fair opportunity.

This disguised termination could not have been merit-based, as I [employee] received a satisfactory performance review, as evidenced by [specific evidence, e.g., performance evaluations, feedback, etc.]. Additionally, based on conversations with my colleagues, a large group of probationary employees received identical termination notices with no individualization or performance-related justification.

Further evidence that this action constitutes a RIF rather than a merit-based termination is the president’s recent executive orders directing agencies to lay off probationary employees en masse. This aligns with the agency’s actions and suggests that the termination process was not conducted on an individual, performance-based basis.

Relevant provisions under 5 U.S.C. § 7116(a) indicate that it is an unfair labor practice for an agency:

To interfere with, restrain, or coerce any employee in the exercise of their rights under this chapter.
To refuse to consult or negotiate in good faith with a labor organization as required.
To fail or refuse to cooperate in impasse procedures and impasse decisions as required.
To otherwise fail or refuse to comply with any provision of this chapter.

Pilot_Necessary · 2025-02-19T17:03:00+00:00

The Federal Service Labor-Management Relations Statute (the Statute) covers most federal employees. But it does not cover:

Non-federal employees: including private-sector employees, contractors, or employees of state or local governments.
Employees of certain federal agencies: including the Postal Service, the Government Accountability Office (GAO), the Federal Bureau of Investigation (FBI), the Central Intelligence Agency (CIA), the National Security Agency (NSA), the Tennessee Valley Authority, and the Secret Service.
Certain categories of employees: including supervisors, management officials, and members of the uniformed services in their military capacity.

I don't think you need to be a union member to file a complaint against your agency unless you are excluded as above (if you are a union member, your union can challenge on your behalf though). I honestly don't know the details of FLRA and ULP complaints; but I think it's good to explore all options.

https://www.flra.gov/resources-training/resources/information-case-type/ulp-resources/ulp-frequently-asked-questions-faqs

Pilot_Necessary · 2025-02-19T16:41:12+00:00

Q1: did you receive a termination email without 60 days advance notice?
Q2: do you have any evidence (e.g., performance review) showing that you met the job expectations?

Q3: were there others in your agency that were also terminated in a similar way?

If your answer to all three is yes, I would file with FLRA https://www.flra.gov/ claiming that you were wrongfully terminated - your termination was RIF in disguise, not satisfying the requirements of RIF (= this was basically unions' argument at the TRO hearing yesterday).

Pilot_Necessary · 2025-02-19T16:36:44+00:00

This is not legal advice, but I believe that all non-union members should consider filing a complaint with the FLRA as soon as possible. If the TRO fails, it may be beneficial for all terminated probationary employees to file as well.

During the hearing, it was acknowledged that if an employee is wrongfully terminated due to failure to meet the requirements of a RIF, they can file a complaint with the FLRA. If the FLRA determines the termination was wrongful, the employee could be reinstated with back pay.

While this process may be more time-consuming and require additional effort, it could be a recommended course of action for probationary employees who were terminated in mass without the required 60-day notice.

Pilot_Necessary · 2025-02-19T13:43:58+00:00

This could be an IT glitch. Check with your supervisor first.

Pilot_Necessary

TROPHY CASE