Why cant I go back to my job

[Jbanks2655]

Jurisdiction

California

I work for the Federal Government and work New Construction Navy Ships. The class of ships I worked on didnt have any work for about a year and a half. During this time I found work on another class of ship with the promise I could come back when this ship was complete in December 2021.
I was told in August that I wouldnt be going back to my original ship program due to performance on the job. I have worked this job over 16 years 11 as a contractor and 6 as a Government employee. Not once have I ever had a bad evaluation or ever been counseled on poor performance. Then the reasons changed to personnel cut backs, and budget cuts.
One thing that really bothers me is that the decision to not bring me back was made in April and I wasnt told until August.
Is there a legal case against the Government here?

 

[justblue]

I work for the Federal Government and work New Construction Navy Ships. The class of ships I worked on didnt have any work for about a year and a half. During this time I found work on another class of ship with the promise I could come back when this ship was complete in December 2021.
I was told in August that I wouldnt be going back to my original ship program due to performance on the job. I have worked this job over 16 years 11 as a contractor and 6 as a Government employee. Not once have I ever had a bad evaluation or ever been counseled on poor performance. Then the reasons changed to personnel cut backs, and budget cuts.
One thing that really bothers me is that the decision to not bring me back was made in April and I wasnt told until August.
Is there a legal case against the Government here?

Do you have a contract? What kind of "legal case" are you referring to?

 

[Tax Counsel]

Is there a legal case against the Government here?

That depends on all the facts (which I don't have) and what reason ends up being the one the agency will state for your termination on the SF 52. If the reason for termination is that the agency needs to cut back due to lack of resources, budget cuts, etc., then it must follow the Office of Personnel Management (OPM) reduction in force (RIF) procedures. Note that one of the factors that agencies may take into account in deciding who to cut in a RIF is their performance evaluations. If the reason for termination is performance, then there are certain steps the agency must take first before firing you. See OPM's guidance on performance for some information on that. If the agency fires you without following the proper procedures, you'd generally first appeal that decision with the agency and then with either OPM or the Merit Systems Protection Board (MSPB) depending the decision being appealed. If you are member of a union, contact your union steward for help with this. He or she should be able to help you navigate the process.

 

[adjusterjack]

Is there a legal case against the Government here?

The reality is that, even if you did have one, you probably couldn't come up with the thousands of dollars that a lawyer would charge you.

The lesson here is never rely on an employer's promises. They mean nothing.

 

[zddoodah]

I have worked this job over 16 years 11 as a contractor and 6 as a Government employee.

Which are you now -- a contractor or an employee?

Is there a legal case against the Government here?

Nothing you have described is unlawful. Is there some reason why you apparently think you have a legal right to work on a particular class of ships?

The reality is that, even if you did have one, you probably couldn't come up with the thousands of dollars that a lawyer would charge you.

Wouldn't likely be an issue because, if meritorious, a lawsuit such as this would be handled on a contingent fee basis.

 

[retic]

Patience. If you have been vaccinated you are about to have your pick of GS or federal contracting jobs, as employees who have not been vaccinated are facing termination. There are 25 contractors on my team and three are leaving by Thanksgiving due to the mandate; two are retiring earlier than originally planned, one is going to work in the private sector.