Legal Question in Employment Law in California

Re: I'm not the complaintent -- do I have rights?

As not only an attorney, but as a former federal worker (military, blue collar civilian and treasury dept. attorney) I have a slightly different view than my colleagues. There is an old saying that it takes an "Act of Congress" to get a federal worker fired. Neither of your positions are likely in great jeopardy. But, I will say that unless this disabled co-worker is such a non-performer that he/she endangers your safety or your promotion potential if you don't gripe about him, you are probably out of line to do so. Otherwise, it is really up to management to decide whether he is really "cutting the mustard" in his present position. For you to demand that he be transferred to a specific other position is a bit out of line unless you, yourself are management. The fact they are talking "round table" here leads me to believe this is more a mediation or discussion than a prelude to anybody being disciplined or transferred. It is certainly ok for you to air your views, but keep them to the point and objective. You probably don't need a lawyer for that, in fact it would probably be counterproductive, unless you are actually a subject of "investigation". But, whatever you do, be careful what you say. Rarely does any meaningful discipline come out of these kinds of "encounter groups" within the fed.

Re: I'm not the complaintent -- do I have rights?

there are quite a few issues, tiers and considerations that come into play in respect to federal laws on discrimination and/or harassment dealing with a protected group. however, there are quite a few viable defenses as well that you should raise in countering the allegations against you if you feel you are in the right here. if you would like a free phone consultation regarding your pending "hearing", email us directly with your contact information today.

Re: I'm not the complaintent -- do I have rights?

My recommendations are that you discuss all facts with a qualified attorney and possibly retain one to accompany you and represent you.