Friday, January 12, 2018

Settlement Agreement, page 4 of 5

On the top of page 4 of 5, below, is the crown jewel of my settlement with my former agency and the most revealing paragraph of the Settlement Agreement, the 4th of 4 settling points. It requires all of my managers present in the division when I received my sub-standard review of Satisfactory in August 2015, which I believed was due to age discrimination, to "complete EEO and diversity training, including training addressing age discrimination." This is my legacy at my former agency, my attempt to right a wrong, to leave something behind that benefits those who follow me even though it cost me my job, because I have my honor to live up to, a reputation to uphold and a conscience to answer to.

A closer parsing of the top of p.4 reveals something I was told that my former agency had never done before. One manager who was present two years earlier when I received my sub-standard review and who I believe engaged in retaliatory behavior which culminated in my involuntary retirement in May 2016, left shortly after I did, quite suddenly and unexpectedly. I informally refer to the 2d half of subpart d, following the words "In addition," as his amendment. This is what I negotiated and it is apparently novel. If this former manager returns to my former agency at any time in any capacity within 5 years, he (and any other affected manager) will be required by the order to "receive the above-noted training."

Settlement is settlement, and it is supposed to resolve all existing, known issues. This settlement is no different. I have already laid out my 4 settling points, changing my bogus last evaluation to what it should have been, Outstanding; receiving an honorary Superior Service Certificate; being paid money to settle, and the imposition of required training for management in my former division at my former agency. My former agency's salient settling point, the only one that I can perceive beyond normal settlement discharge language, was for me to "withdraw all complaints" etc. (IX.a). Well, yeah, that's what settlement does, and I sent this Settlement Agreement to the ALJ as it is self explanatory, and called up the HR office at my former agency to tell them and offer to send them a copy but of course they knew all about it already and declined my offer.


Don't you think this settlement is self explanatory as to what went down in my case?


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