Legal Question in Employment Law in District of Columbia
I was fired recently during a 1 yr probationary period with the federal government. My boss showed he was using me to get his program started and never intended on keeping me by starting a log of lies about me since the day I started in August. I never had a 90 day review and never was reprimanded for anything but in fact praised in writing for a good job more than once. Then out of nowhere he fires me and has a 10 page log of lies he gave to HR but never informed me about. Can he fire me like this when I can prove in writing that he's lying about me? I know you can be let go for any reason during probation but he's defaming my name and the patients have complained and backed me up with the truth. Instead he's offered my job to a white intern who is much less qualified than I am to do the job. What can I do? I have filed complaints to the EEO, HR, office of resolution management, and office of special counsel. No one is helping. He is particularly mad because I reported him for failing to do something about sexual harassment and coworker harassment. Is there any way I can save my job, reputation, and status with the federal government from being ruined?
1 Answer from Attorneys
You were an at-will employee. Meaning that you could be fired for good reasons, bad reasons, or no reason at all...so long as the reason didn't violate the law. Your question indicates that after you were fired, your job was given to a "much less qualified" individual of a different race than you. That, in and of itself, does not prove discrimination. I am by no means saying that you weren't discriminated against, but the facts you provided don't allow us to form a conclusion.
You also mention that he is particularly mad because you reported him for failing to do something about sexual harassment. I obviously can't comment on the facts, because I am unfamiliar with them, but there are numerous federal laws that protect Whistleblowing employees from retaliatory conduct. Assuming you reported him prior to being terminated, you may have a whistleblower claim.
Feel free to contact me if you would like to discuss this matter.