Investigation
When the investigator is ready to conduct interviews, he or
she will contact you again and arrange to speak with you. This
interview may be in person or by telephone, depending on your
location and the nature of the case. You should be prepared to tell
the investigator about significant events leading to and after the
prohibited employment practice(s) that you alleged, and your
reasons for believing that an employment law or regulation was
violated. The investigator will go over the facts related to the
issues that were referred for investigation to clarify timing and
events; discuss the investigative process; and give you an estimate
of how long it will take to complete the investigation of your
complaint. You will be asked for the names and telephone
numbers of potential witnesses and for the information that each
witness may be able to provide. The investigator will interview
witnesses who have information relevant to your allegations. These
include persons who have first hand knowledge of the issues and
events, participated in the decisions, observed interactions, or have
other knowledge necessary to a full understanding of the alleged
violations of law being investigated. After all logical leads have
been pursued, the case attorney will conduct a legal review.
Legal Review
The case attorney will review the evidence and law applicable
to your case and prepare a recommendation for the Associate
Special Counsel (ASC) for Investigation and Prosecution. After
reviewing the recommendation and the case file, the ASC will
either make a preliminary determination to close the case
because no further action is warranted, or refer the case to the
Special Counsel with a recommendation to pursue corrective and/or
disciplinary action.
If the ASC's preliminary decision is to close the file, you
will receive a "pre-determination" letter that explains the reasons
for that decision. Under the law and OSC procedures, you will
have 13 days to respond to the letter in writing and to provide
additional information. If you do not respond within 13 days, or
if you respond but do not provide a basis for OSC to change
its determination, you will receive another letter notifying you
that the case has been closed, and describing any other remedies, if any,
that may be available to you.
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Settlement
If there is evidence that supports your allegations of a
prohibited employment practice, the case investigator or attorney may
attempt to settle your complaint with the agency. Any such
effort to resolve your complaint will be discussed with you, and
you will be kept informed of the progress of any negotiations.
OSC will not settle your complaint with the agency without your
consent. If the agency offers complete corrective action,
however (that is, action that would give you all the relief that we
could obtain in litigation before the MSPB), and you do not accept
the settlement offer, OSC may end its efforts on your behalf
and close the case.
Corrective Action
If OSC's preliminary determination is to prosecute your case,
the Special Counsel must by law send a letter to the head of the
agency involved to request corrective action. For example, if your
case involves a 30-day suspension, OSC might request that the
suspension be rescinded, and that you receive back pay. In
most cases, agencies agree to take the corrective action requested
and a settlement agreement resolves the matter.
Litigation Before the MSPB
If the agency does not take the corrective action requested
within a reasonable period of time (usually 45-60 days), OSC will
ordinarily file a petition for corrective action with the MSPB. If
OSC initiates litigation on your behalf, you will be consulted
throughout the process. You will also probably be asked to testify at
the hearing.
Disciplinary Action
In some cases in which OSC determines that an agency
official has taken a prohibited personnel action, OSC will seek
disciplinary action against that agency official. OSC may attempt to
obtain disciplinary action through the agency involved, or may
file a petition for disciplinary action with the MSPB. Whether or
not disciplinary action will be sought against the subject of your
complaint is wholly within the prosecutorial discretion of OSC.
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