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Appeal of "Patently Unfair" Job Requirement is a Loser in Court

Denial

Captain America
Alpha bet soup
Fri Aug 15, 2008 10:00 AM

Post Reply

Denial is not just a river in Africa. Employees must comply with the requirements that management properly orders them to comply with.

The defiant behaivor demonstrated by this employee can not be tolerated in the Federal service.

Re: Denial

Retired
DoD
Fri Aug 15, 2008 5:35 PM
There is no indication in this article that he had "defiant behavior". This issue was one of "performance" and not one of "conduct". His effort to stand up for his point of view is not improper "conduct" or "defiant behavior".

As with so many of these cases, there is probably a whole story behind the story, but all we have to go on is what it printed here.

Re: Denial

Prof
Small College
Sat Aug 16, 2008 9:33 AM
It is called insubordination and is cause for removal on a first offense.

waaaaa

mental health professional
opm
Fri Aug 15, 2008 10:32 AM

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waaa I'm required to have a license to practice counseling. It's patently unfair since it requires work on my part to stay current in my field.

Re: waaaaa

Program Analyst
OPM
Mon Aug 18, 2008 11:32 AM
Uh, I think waaaa's comment was supposed to be a joke. If not, it would definitely make me concerned if this person's defiant behavior was supposed to be counseling me for whatever troubles I might be having.

What did he really do?

ATC
DoD
Fri Aug 15, 2008 4:21 PM

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Was he fired because he could not get rated in a radar facility? This is not uncommon in this field. Tower controllers frequently do not have radar skills, get hired for radar positions and cannot complete the required radar training within an allotted time frame.

Certification

Fed Worker
DOD
Mon Aug 18, 2008 7:07 AM

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Some agencies are not giving their people the time or the training opportunities to maintain certification. Sometimes they are too busy doing the job of several people. It happens in acquisition.

Bye!

Claims Rep
Social Security
Mon Aug 18, 2008 9:22 AM

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Well I must presume that he was given warning and failed to follow it.
Bottom line is that he doesn't have a right to complain.

Nontheless, one wonders whether it was the only hammer they could find to get rid of him for their own purposes, as it appears the certificate lacking was not appropriate and of little or no validity for his job.

On the other hand, it may be equally probable that he was not a good employee and they didn't do their documentation, and therefore grabbed at whatever hammer they could find.

And did he have his CTO certification? If not then good riddance.

I am cynical of management, particularly in previous jobs and more particularly those close to the military.

I have seen people get away with so many things that management doesn't document. But then when they want to get rid of someone they don't like, or in rare circumstances, those who really didn't do their job, then they dust off job requirements and look for one you missed.

Failed rating

specialist/rep
DOT
Tue Aug 19, 2008 7:10 AM

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The article states he failed to maintain the required rating so I presume he was rated and likey failed an annual. I was a controller in the USAF and administered those ratings. I would see tower only troops come to RADAR and be unable to obtain an approach control cert and I busted an occasional person on an annual rating. Of course there was retraining and a recheck. If they passed they went back to work, if they didn't they were removed. This person is obviously a civilian DOD controller so the only real option is firing. Now was there some management bias, was he a PITA employee -we do not know, the article does not say, and we should not guess. His argument though was poor. You need to maintain the rating to keep your job ad we should all support that. Nothing worse than a paper rated controller..............

There is more to the story...

ATCS
USAF
Tue Aug 19, 2008 7:50 PM

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I have worked with the individual and there is more to the story. I am not going to get into the details but I will clear some things. He did have a CTO certification and he was rated. He was decertified for reasons I can not mention. What he did was stupid but I don't agree with the way the DOD went about firing him. The ATCS certificate really had nothing to do with why he got fired.

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