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How can I sue the US Gov't on a employment issue from Korea? |
I am in the Army, and while accompanying me on my assignment in Korea, my wife got hired for a civil service job in the grade of GS-11 using provisions of Family Member Appointment. However, shortly after hiring her, the Air Force withdrew the position, saying my wife did not meet the Time in Grade requirements. Under US Code, time in grade requirements only apply to Career Civil Servants, not to family member appointees, but the Air Force Personnel Center (which is staffed by Career Civil Servants) claimed that it was not fair that Family Members should be exempt and withdrew the appointment. My wife's boss restructured the position as GS-7 so my wife could continue to work, and we submitted a claim. The IG said they were unable to act, and our congressman was voted out of office before our issue concluded. Our JAG office has urged us from the beginning to sue the gov't, but we are in Korea and I have no idea how to find an Employment lawyer who can take our case. Any ideas? The damages we would be seeking is the wage difference from GS-7 to GS-11, which is approximately $15,000 as well as backdating her date of rank to the day she started working as a GS-11, which makes her available for promotion into the Senior Executive Service (the General Officers of the Civil Service) four years earlier. You will get all kinds of advice from people that know nothing. You personally cannot sue the government while you are in the military. However your wife can. I would suggest finding a good prior service civilian lawyer when you get back to the states. I'm sure your JAG office will be able to assist you to find a lawyer to help you. They would probably know more than you about how to go about getting someone to help you out. However, if you wife is still working, where are the damages that occured? You need to have damages to sue someone. You cannot sue the US govt unless it expressly gives you permission to do so. You need to consult with an attorney who handles federal cases. The problem your going to have is that the US Governement has immunity from lawsuits unless it consents to the suit, which doesn't happen very oftern. The are very few exceptions to this, but there may be a way to slide into one of the exceptions, so talk with an attorney. |
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