Taryn S.,1 Complainant,v.Robert Wilkie, Secretary, Department of Veterans Affairs, Agency.Download PDFEqual Employment Opportunity CommissionNov 7, 20180120182794 (E.E.O.C. Nov. 7, 2018) Copy Citation U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Operations P.O. Box 77960 Washington, DC 20013 Taryn S.,1 Complainant, v. Robert Wilkie, Secretary, Department of Veterans Affairs, Agency. Appeal No. 0120182794 Agency No. 200J03302014012067 DECISION On August 8, 2018, Complainant filed an appeal with the Equal Employment Opportunity Commission (EEOC or Commission). It is not clear from the record what Complainant is appealing. Information submitted by Complainant indicates she filed an EEO complaint alleging discrimination on the bases of age and reprisal. One of her claims was that effective May 30, 2014, she was forced to take retirement in lieu of removal (constructive discharge). Complainant later appears to have appealed the constructive discharge to the Merit Systems Protection Board (MSPB). The record contains an email dated December 16, 2014, to the Agency’s EEO office where Complainant’s representative stated that they were “rescinding the EEO claim that was filed and proceeding with MSPB……We feel it is in [Complainant’s] best interest to have all issues considered under one forum and in this case it is with MSPB.” On January 11, 2015, Complainant signed a form withdrawing her EEO complaint. Complainant does not explain on appeal what she is seeking. On the appeal form, Complainant states that the Agency has not issued a final decision despite her request. 1 This case has been randomly assigned a pseudonym which will replace Complainant’s name when the decision is published to non-parties and the Commission’s website. 0120182794 2 Given that she withdrew her EEO complaint in January 2015, the Agency ceased processing the complaint. As such, no final decision on that complaint will be issued by the Agency.2 Accordingly, Complainant’s appeal is DISMISSED. STATEMENT OF RIGHTS - ON APPEAL RECONSIDERATION (M0617) The Commission may, in its discretion, reconsider the decision in this case if the Complainant or the Agency submits a written request containing arguments or evidence which tend to establish that: 1. The appellate decision involved a clearly erroneous interpretation of material fact or law; or 2. The appellate decision will have a substantial impact on the policies, practices, or operations of the Agency. Requests to reconsider, with supporting statement or brief, must be filed with the Office of Federal Operations (OFO) within thirty (30) calendar days of receipt of this decision. A party shall have twenty (20) calendar days of receipt of another party’s timely request for reconsideration in which to submit a brief or statement in opposition. See 29 C.F.R. § 1614.405; Equal Employment Opportunity Management Directive for 29 C.F.R. Part 1614 (EEO MD-110), at Chap. 9 § VII.B (Aug. 5, 2015). All requests and arguments must be submitted to the Director, Office of Federal Operations, Equal Employment Opportunity Commission. Complainant’s request may be submitted via regular mail to P.O. Box 77960, Washington, DC 20013, or by certified mail to 131 M Street, NE, Washington, DC 20507. In the absence of a legible postmark, the request to reconsider shall be deemed timely filed if it is received by mail within five days of the expiration of the applicable filing period. See 29 C.F.R. § 1614.604. The agency’s request must be submitted in digital format via the EEOC’s Federal Sector EEO Portal (FedSEP). See 29 C.F.R. § 1614.403(g). The request or opposition must also include proof of service on the other party. Failure to file within the time period will result in dismissal of your request for reconsideration as untimely, unless extenuating circumstances prevented the timely filing of the request. Any supporting documentation must be submitted with your request for reconsideration. The 2 The Agency references a brief from Complainant in its response to the appeal. However, the record before us does not contain a brief from Complainant. The appeal submitted by Complainant contains an appeal form and numerous attachments. The Agency states that Complainant was seeking sanctions against the Agency. However, given that Complainant signed the withdrawl form and her representative informed the Agency that they desired to consolidate all claims before the MSPB, there was no duty for the Agency to continue the processing of the complaint following the withdrawal. 0120182794 3 Commission will consider requests for reconsideration filed after the deadline only in very limited circumstances. See 29 C.F.R. § 1614.604(c). COMPLAINANT’S RIGHT TO FILE A CIVIL ACTION (S0610) You have the right to file a civil action in an appropriate United States District Court within ninety (90) calendar days from the date that you receive this decision. If you file a civil action, you must name as the defendant in the complaint the person who is the official Agency head or department head, identifying that person by his or her full name and official title. Failure to do so may result in the dismissal of your case in court. “Agency” or “department” means the national organization, and not the local office, facility or department in which you work. If you file a request to reconsider and also file a civil action, filing a civil action will terminate the administrative processing of your complaint. RIGHT TO REQUEST COUNSEL (Z0815) If you want to file a civil action but cannot pay the fees, costs, or security to do so, you may request permission from the court to proceed with the civil action without paying these fees or costs. Similarly, if you cannot afford an attorney to represent you in the civil action, you may request the court to appoint an attorney for you. You must submit the requests for waiver of court costs or appointment of an attorney directly to the court, not the Commission. The court has the sole discretion to grant or deny these types of requests. Such requests do not alter the time limits for filing a civil action (please read the paragraph titled Complainant’s Right to File a Civil Action for the specific time limits). FOR THE COMMISSION: ______________________________ Carlton M. Hadden’s signature Carlton M. Hadden, Director Office of Federal Operations November 7, 2018 Date Copy with citationCopy as parenthetical citation