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
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
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,
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
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.
Michael J. Snider, Esq.
Attorney for Complainant