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Delivering Mail and Kissing The Customer Leads to Removal

Incredible

Senior Power Plant Operator
Army Corps of Engineers
Wed Jun 10, 2009 3:04 PM

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Who is lying here? How do you determine which one? Did the postal carrier have a history of being less then truthful?

If a member of the public makes an accusation does that make it factual? There has to be more to this story. Either the carrier made a pass at her before or something occurred. I can't believe with no witness and no evidence the allegation would stand. Some people can be very convincing liars.

Why did she not immediately call the police

Legal Assistant
Department of Justice
Wed Jun 10, 2009 3:43 PM

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Why did she not immediately call the police?

Criminal versus Administrative actions

Employee Relations Specialist
Big agency
Wed Jun 10, 2009 3:49 PM

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I am interested in many of the comments posted today, because in my job I am instructed to postpone any administrative action until pending civil (court) cases are complete. Everybody knows that processing an alleged criminal from arrest to conviction takes months, even years. And I've always wondered why a federal agency should keep an employee on "indefinite suspension" until the courts are done with the civil action.

Re: Criminal versus Administrative actions

HR
Navy
Thu Jun 11, 2009 2:26 PM
Why would you put someone on indefinite suspension just because they were arrested? Unless it was for murder or some other serious crime, let the employee continue to work until the trial has concluded. In the meantime, let the security clearance process work. Ind suspension may be appropriate if the employee receives a suspension of access from the agency.

Mr. Cabrera's Mistake

IT Manager
DOE
Wed Jun 10, 2009 5:30 PM

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In reading the case transcript, I noticed that Mr. Cabrera made the unfortunate mistake of representing himself. He was up against four attornies hired to represent the postal service. Bad idea.

I still believe that Ms. Ilmberger's actions following the incident do not adequately support her allegations. Frankly, if she had actually felt threatened, I doubt she would have waited an entire day to take action. A few other oddities:

1. Ms. Ilmberger didn't even attempt to notify her husband until the day after the incident, and then apparently failed.
2. The only physical evidence, the condom, was conveniently returned to the assailant.
3. The call to law enforcement was made to apparently prevent Ms. Ilmberger's brother-in-law from assaulting Mr. Cabrera the day after the alleged attack. Interestingly, no arrests were made.
4. Ms. Christensen's testimony is heresay and cannot be used to corroborate Ms. Ilmberger's allegations.

The MB and ALJ did a poor job.

Credibility

POOM, retired
USPS
Wed Jun 10, 2009 7:13 PM

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I did not read the linked case, but been there, done that, I offer the following:
It is almost unheard of to remove a vet and make it stick... Labor reps and judges usually want to settle if at all possible, before trying the case. This went all the way, so had to be a strong agency case.
Would be very interested in their demeanor during the trials. Maybe he tried the macho defense..not smart! If his managers, the labor reps, and 3 hearing judges all came to the same conclusion..well.
Many women are not aware of sexual har laws, or what constitutes sexual har, but just like the customer who trips in the lobby and is fine, then sues us, they become aware of their rights...
Not sure, but wouldn't she have to press charges to get the police involved? Maybe did not want the publicity. USPS took admin action, and removed him, for her to show up to testify that many times is very telling.
I would say, justice was served. Thank goodness they didn't just transfer him to your route!

Re: Credibility

worker
Fed
Fri Jun 12, 2009 9:42 AM
You are drawing conclusions based on too many hypotheticals. Remember, preponderance of EVIDENCE rules, not hypotheticals. You cannot draw conclusions based on management officials dterminations. They draw conclusions that are not always based on the facts, but on their opinions of the accused. These may not be relevant to the case.
I was unable to download the court case to read it. The article is very sketchy and has to be otherwise there would be no room to print it. It raises many questions for me.
Having been the victim of false accusations, I can sympathize with the mail carrier. I have no answers other than do your job and be very cautious when dealing with the public.

Kissing and Removal

Retired government employee
Treasury Dept.
Wed Jun 10, 2009 7:25 PM

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To me this is a he said, she said. Is it possible that this lady and man had some hanky panky interaction prior to this incident. It's hard to believe that a federal employee would be so stupid to put his job in jeopardy because of unauthoried hanky panky with his customer. If he did kiss this lady, I hope he learned his lesson and will behave himself in his next job.

It doesn't matter

HR
Navy
Thu Jun 11, 2009 2:36 PM

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Even if there had been previous relationship, or whatever, it doesn't matter. He deviated from his route and that alone would destroy credibility of further denial of the victim's claim. The loss of trust and confidence in the employee's ability to satisfactorily carry out his duties by the agency did him in.

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