Sample Request for Admissions
COMPLAINANT’S REQUESTS FOR ADMISSIONS
Complainant, through his attorney, Michael J. Snider,
Esq., requests that you admit to the following facts pursuant. If you deny any one of the following, you are
to state with particularity the basis for said denial and to attach to your
denial supporting documentation. You are
required to fully respond to these Requests no later than twenty (20) calendar
days after receipt of these interrogatories, to the undersigned
. The Instructions and
Definitions found in Complainant’s Interrogatories apply here.
REQUESTS FOR
ADMISSIONS
1. On
2. You did not notify Mr.
Client that you had reassigned him.
3. You did not provide a
copy of the SF-50 reassignment action to Mr. Client.
4. In response to his
request dated
5. PD# ________ is not
current.
6. PD #________ is not
accurate.
7. PD # _______ describes
a position with the obsolete title of _____________________ assigned in the
___________________________.
8. You abolished the
position of ________________________ assigned in the _______________________ in
a recent reorganization.
9. PD #_____________
states, under the factor of Supervisory controls, that the incumbent reports to
the _________________.
10. PD# _______ is
misclassified as to title.
11. PD #_______ is
misclassified as to grade level.
12. There is no evaluation
report attached to the PD.
13. Assignment of Mr. Client
to a position/PD known to be misclassified and overgraded deprived him of his
14. You held a “Town Hall
Meeting” in December, _______ of all employees.
15. At that meeting, you introduced Mr. Client as the designated
_________________________________.
16. At that
meeting, you told the staff, publicly, that upon his return from his
______________ assignment, Mr. Client would be officially assuming the duties
of the position of designated _____________________.
17. Present
at that “Town Hall Meeting” were the following
employees:
18. This
list is representative of those employees in attendance, but is not all
inclusive.
19. Following the Town Hall
Meeting, you asked Mr. Client to meet with his assigned staff.
20. Mr. Client did meet with
his assigned staff.
21. In the capacity of Acting _______________, Mr. Client conferred on several
other occasions in person, via e-mail and by telephone with his assigned staff
on current issues and program plans.
22. In mid-March, 2002, when
Mr. Client informed you by telephone and e-mail of his pending return on
23. The position you
permanently promoted X into was the very same position that you had announced
publicly that Mr. Client would be returning to in the December 2000 Town hall
Meeting.
24. By publicly announcing
his reassignment to the ____________ position you made it clear that Mr. Client
did not need to compete for the temporary promotion to that position.
25. You did not afford Mr.
Client an opportunity to compete for that position.
26. You did not inform Mr.
Client that the position was posted for competition.
27. You did not inform Mr.
Client in advance of your decision to promote X permanently into the position
that you had promised to Mr. Client.
28. Restriction of
competition constitutes a prohibited personnel practice.
29. You asked Mr. Client to
develop the PD for ______________________.
30. Mr. Client submitted to
you the PD for __________________________ on
31. You have not graded the
PD for ________________________________.
32. You have not classified
the PD for ______________________________.
33. You have not reassigned
Mr. Client into the PD for ________________.
34. You have not detailed
Mr. Client into the PD for ___________________.
35. You have not provided
any official paperwork (e.g., form SF-50, etc.) to Mr. Client to show that Mr.
Client was returned to a GS-Y continuing position at _______________ in June,
2002, following his ___________________.
36. You have not provided
Mr. Client with any official documentation for the “detail” you claim he is on
to your office since
37. You have not provided
Mr. Client with performance standards for that detail since
38. You have not provided
Mr. Client with performance standards for his permanent position of record,
since
39. You have not provided
Mr. Client with a performance appraisal since June 2000.
40. A submitted to you
interim performance appraisals for the period June 2000-June 2002.
41. A submitted to you final
performance appraisals for the period June 2000-June 2002.
42. You did not provide Mr.
Client a copy of the interim performance appraisals submitted to you by A
43. You did not provide Mr.
Client a copy of the final performance appraisals submitted to you by A
44. You have not considered
Mr. Client for awards or bonuses based on his performance appraisals.
45. Mr. Client returned to
duty from his 2 year assignment with Z on
46. Since
47. Mr. Client has never
refused to complete any work assignment.
48. Mr. Client has completed
all work assignments you have given him in an exemplary manner.
49. Mr. Client has completed
all work assignments you have given him within the policy guidelines and
timeframes assigned.
50. Mr. Client volunteered
in Fall 2002 to take responsibility for completing the
classification review of all G positions.
51. Mr. Client volunteered
to, and did in fact, develop within two weeks new PDs
and evaluation reports for G positions in grades GS-5 through GS-11.
52. Mr. Client volunteered
to take on additional work in an E-mail to you dated
53. Mr. Client submitted
medical documentation in support of his request for sick leave to you on
54. You waited fourteen (14)
calendar days, until
55. Mr. Client submitted
another medical certificate from Dr. _____________________ to you on
56. You did not address the
additional medical information in Mr. Client’s
57. You have not spoken with
or corresponded with Dr. _________________ regarding his medical evaluation of
Mr. Client.
58. You could have sent Mr.
Client to an Agency physician for an examination.
59. You have not sent Mr.
Client to an Agency physician for an examination.
60. In your e-mail letter to
Mr. Client dated
61. You stated in the
62. You stated in the
63. Mr. Client had not
requested sick leave for that period of time.
64. Your placing him on sick
leave was an unannounced furlough.
65. You kept Mr. Client in
involuntary sick leave status, against his will, for 7 consecutive workdays.
66. Placement of an employee
in AWOL or other involuntary leave for more than 14 consecutive days
constitutes a “constructive suspension.”
67. Mr. Client has and
routinely makes use of a state-of-the art 2.2 GHZ computer with DVD and CD
burners and a 120GB hard drive, an 18” LCD monitor, a laser jet printer, a
scanner, a videoconferencing camera, two inkjet printers, a Fax machine, a
teleconferencing speakerphone, an intercom, and/or special halogen and other
lighting in his home office.
68. Allowing Mr. Client to
work at home would not have presented an “undue hardship” to the Agency.
69. Mr. Client requested the
name, title and address of a VA Orthopedic Surgeon who specializes in foot and
ankle surgery from Ms. _________________.
70. Mr. Client requested the
name, title and address of a VA Orthopedic Surgeon who specializes in foot and
ankle surgery from Ms. _________________ so that he could provide to that
person the medical documentation requested in ____________________’s letter of
71. Ms. ___________________
never provided Mr. Client the name, title and address of a VA Orthopedic
Surgeon who specializes in foot and ankle surgery.
72. You provided reasonable
accommodation for Mr. Client to work at home from
73. This reasonable
accommodation was for Mr. Client’s physical disability.
74. This reasonable
accommodation presented no “undue hardship” to the Agency.
75. This reasonable
accommodation was effective.
76. The Agency has a Telework
program in effect.
77. The Telework program was
in effect at least since January 2002.
78. Telework is a form of
flexiplace.
79. One form of telework is
work at home.
80. Work at home is a form
of reasonable accommodation under the
81. Telework is not limited
to any particular occupations and/or grade levels.
82. “Virtual Staff” are
employees who work at home.
83. Virtual Staff utilize
the Telework program for their entire tour of duty.
84. The Agency employs
Virtual Staff.
85. There are
cost savings associated with the employment of “virtual staff.”
86. You are currently
recruiting for additional “virtual employees?”
87. You served on an
interagency panel on telework.
Respectfully Submitted,
_____________________
Michael J. Snider, Esq.
Attorney for Complainant