Submitted by Don Cheney

These two cases are instructive on what to avoid.  Both appellants brought their problems on themselves through ignorance.  Management took advantage of them.
 
Gomez-Perez vs Potter - Retaliation suit brought under Section 15 of the Age Discrimination in Employment Act (ADEA)

In the first case, the clerk asked for a transfer to another post office 69 miles away (about a 1 hour 15 minute drive according to my Microsoft Streets & Trips) to be closer to her mother.  The mother was ill and needed help.  Apparently this clerk had never heard of FMLA leave!  To her surprise the former post office wouldn’t take her back one month later.  In fact her FTR duty assignment was reverted and filled with a PTF.  This happens everywhere and is not unusual.
 
What IS surprising to me is that her attorney failed to cite the agency’s own regulations in her appeal and instead relied solely on the ADEA statute itself.  Big mistake!  ELM 665.23, 666.12b, 666.17 and 672.1d all prohibit reprisal in the USPS for protected activities.  ELM 672.1d specifically includes the ADEA!  The lesson here is that employees should become more informed and take the time to read their union magazine, the ELM or even the posters on their bulletin boards.

Wishkin vs Potter -Claim of Disability Discrimination

The second case was remanded for further litigation.  It is not clear from the decision what the appellant was asking for, but I assume he wanted back pay for 11 months.  He started the chain of events by ignoring everyone’s advice to wait until his bag unit closed and requested in writing a disability retirement.  Big mistake!  Management jumped on that and declared him unfit to continue working for the next 11 months.  Although he had 29 years of service at the time of his request, he apparently didn’t know about discontinued service retirements!  Because he is mentally retarded, he may eventually win his case.  The attorney fees will be substantial.  The lesson here is that too many employees don’t know much about their retirement benefits.