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Claim for Overtime and Mileage Leads to Removal--Court Overturns MSPB

There has got to be more to the story.

Retured
Department of the Army
Wed Apr 30, 2008 1:21 PM

Post Reply

This story sounds like listening to people describe how "the other guy" caused the automobile accident in which they were involved. (It's always amazing how the teller of the story bears no responsibility for an accident.) This story is so lop-sided that one cannot help but wonder what the real story is.

Re: There has got to be more to the story.

Secy.
US Army
Mon May 5, 2008 2:26 PM
Well, you had some of the most learned and respected attorneys in our United States tackling this case. You may want to read their credentials before judging their expertise. From what I read, they have to be some of top. Plus, that court is heralded with exemplary merits. Read about it also.

Claim for Overtime and Mileage Leads to Removal--C

GSA employee
GSA
Wed Apr 30, 2008 4:04 PM

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So what happened to the supervisor??? According to the story, they worked on the claims together...if the employee was punished; the supervisor should have had their own.

I always require documentation for anything that "authorizes" me to make a claim for anything.

removal

Shop Steward
usps
Wed Apr 30, 2008 11:37 PM

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Maybe the supervisor should be fired for being a co-conspirator.....oops my bad, they dont fire their own....

mspb

eos
dol
Thu May 1, 2008 8:39 AM

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so much grief for the long term ee doing things in good faith. who was out to get him and who ended up paying the legal fees?

Re: mspb

Secy.
US Army
Mon May 5, 2008 2:29 PM
I think the Corps of Engineers, Portland, Oregon District should be investigated as to just who was behind this entire saga... Maybe "60 Minutes" should get involved in this case, and just see where our tax dollars are going.

Compensable time

Investigator
DOL
Thu May 1, 2008 9:03 AM

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It is a long-standing principle of Federal labor law (the Fair Labor Standards Act) that regular "home-to-work" travel is not compensable, but ALL other travel during the workday is compensable. The time spent traveling between facilities was work time; in fact, legally, this employee's workday actually began when he arrived at the FIRST facility and picked-up the mail; this is when he should've punched in. And, his workday didn't end until he left for home at the end of the day. Since this travel time was official government work time, then his use of a GOV would also have been entirely appropriate as well.

Re: Compensable time

Secy.
US Army
Mon May 5, 2008 2:31 PM
Well put! I agree.

Claim for Overtime and Mileage leads to Removal

Administrative Support Assistant
HUD
Thu May 1, 2008 9:35 AM

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How rediculous that anyone would see this man's attempt to claim monies that were clearly due to him as fraud. And why was he not allowed to use a government vehicle (if one was available) in the performance of government duties? It appears that it was part of his job to commute back and forth between different facilities.
After being a federal employee for 19 years you would think that nothing management does to it's employees would surprise me, but, sadly, that is not the case. Hooray for the court that overturned this judgment and gave the man his job back.

OVERZEALOUS HR SHOULD BE RE-TRAINED

WORKER
USMC
Thu May 1, 2008 10:30 AM

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This is a case of HR personnel not knowing the law (which they are suppose to know and should
have acquired legal advise on overtime rules & regs).

ALL - Personnel must be paid for overtime - that is the LAW.

In this case: The HR department should be paying ALL the legal bills and court fees that they have caused and incurred (because the HR did not know the LAW). This HR should be paying this gentlemen for suffering and pain that this gentlemen must have gone thru.

I think this HR department needs to be retrained (everyone from the top to the bottom).

This HR department should send a formal letter of apology to this gentlman, and run an add in the local newspaper stating that the HR department made a mistake and this gentlemen is not guilt of any crimes.

OH! Were was the EEO office during this time?
EEO always helps HR -- so where were they and why didn't they explain to the HR personnel that personnel have to be paid by LAW.

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