Hiram Andrades v. Department of Justice (ATF)
#1
Posted 28 October 2010 - 07:07 PM
#2 Guest_madea_*
Posted 14 October 2010 - 02:13 PM
#3
Posted 13 October 2010 - 07:08 PM
For Clean Up ATF!
#4
Posted 12 October 2010 - 09:55 PM
It begins even before the formal complaint and contract investigation when the Agency EEO Counselor's contact the Agency HQ EEOC Office for their marching orders. The Counselor's inquiries are directed not by who they determine or logically conclude needs to be interviewed but by the HQ EEOC who in turn takes guidance from the Office of Chief Counsel.
You are absolutely correct! This is the reason that your complaint has to be very well written from the very beginning. It should contain and address all of the elements so that your claim can not and will not be easily dismissed.
For Clean Up ATF!
#5 Guest_madea_*
Posted 09 October 2010 - 06:46 PM
#6
Posted 09 October 2010 - 06:13 PM
#7 Guest_madea_*
Posted 09 October 2010 - 06:58 AM
#8
Posted 19 September 2010 - 10:09 AM
#9
Posted 12 September 2010 - 08:45 AM
#10 Guest_Simple Man_*
Posted 12 August 2010 - 12:42 PM
#11
Posted 12 August 2010 - 10:45 AM
#12
Posted 12 August 2010 - 08:48 AM
#13
Posted 08 August 2010 - 04:27 AM
#14
Posted 06 July 2010 - 04:02 AM
For Clean Up ATF!
#15
Posted 26 June 2010 - 03:19 PM
#16
Posted 26 June 2010 - 12:41 PM
#17
Posted 26 June 2010 - 12:03 PM
My complaint has been sitting at the local EEOC district for about two years now. The last action was my response to ATF's motion to dismiss [despite their admission that the act in question did in fact occur]. I expect the complaint to continue to sit for a couple more years.This week I received a letter acknowledging a request from the Office of Federal Operations for the complaint file and the Agency's response on the issue that is pending on appeal. I have been told that these appeals can take years. I am hoping that my appeal will not take years.
The sad thing is that ATF has no problem with waiting us out, allowing act after act of retaliation. The lawyers and SES's at The Puzzle Palace have no personal stake in any claim; we, however, do.
As both human beings and as law enforcement professionals, we are bothered, insulted and outraged by acts of discrimination and injustice against ourselves and our brothers and sisters in arms. In light of the fact that ATF Counsel and the SES's are neither decent human beings nor PROFESSIONAL, acts of injustice against others bother them not. And that, my friends, will be standard operating procedure until each and every one of them is held accountable for their acts of malfeasance, misfeasance and nonfeasance.
#18
Posted 26 June 2010 - 10:15 AM
#19
Posted 17 June 2010 - 01:56 AM
Edited by Hiram A, 17 June 2010 - 02:06 AM.
#20 Guest_Simple Man_*
Posted 25 May 2010 - 08:50 PM
#21
Posted 24 May 2010 - 07:23 PM
Agent Andrades, remember ONE thing. The truth will Always be the truth no matter what legal wranglins or spins Or delays Ms. Loos and crew put on it, they can't change the truth.
You are right Doc! They can change their reasons, change or forget the testimony of the witnesses, and even attempt to change the evidence. They are still guilty. At the end of the day, they will not be able to change the truth! They will not be at able to change the evidence and they will not prevail. They can delay but they will not prevail. They can delay but they will not break your will. They can delay but they can not dissuade your determination and resolve. They can delay but they can cannot shake your committment to this agency and making them do the right thing by not just you but all employees. An injustice to one employee is an injustice to all employees. ATF needs to find a different way of doing business or risk going out of business.
For Asgard!
For Clean Up ATF!
For ATF Employees!!
For Clean Up ATF!
#22
Posted 24 May 2010 - 06:21 AM
#23
Posted 23 May 2010 - 10:37 AM
#24
Posted 19 May 2010 - 11:30 PM
Please, please, and please! Do not take my gratitude as a sign of weakness! I am grateful to the folks that did the work. I want to believe that these are decent people. I also believe that the EEO Director and staff are being remotely controlled and told every step to take. All of the delays, they are planned and not because they have a lot of work to do. Based on my experience, I have concluded that ATF just does not care about EEO complaints. Ms. Loos has made that very clear.
The ATF EEO Office has not been independent in a very long time and is definitely not objective.
I am going to see this thing through until the end. I will see you on the other side.
Thanks,
Hiram
The evil Hobitt is large and in charge or at least trying to be!
For Clean Up ATF!
#25
Posted 17 May 2010 - 09:33 PM
#26 Guest_Jumper_*
Posted 15 May 2010 - 09:48 PM
Nah dude, come on. No changes. They are just responding because you have called them out by name, using your name, not running, not hiding, not allowing them to intimidate you underground, not allowing them to pull their bs without accountability. You socked the bully in the mouth and now, like most bullies, their inner punk is showing. No mercy dude. Don't ever forget what they have done to you -who, what, when, where, how and why. Go take their lunch money.Is there a wind of change within ATF? I requested some documentation from DOJ/ATF EEO and I received it the same week and within days. I was surprised at the quick response. I must publically thank those involved for making this happen. If you read this website, thank you!
Thanks again,
Hiram
#27
Posted 15 May 2010 - 07:50 AM
#28
Posted 12 May 2010 - 02:22 PM
The agency (which is code for Chief counsels Office), is notorious for ignoring the law and dragging out complaints with the sole intent of #1 covering retaliatory acts by management, and #2 creating legals expenses and grief for its dedicated employees.To Hiram and others who have been exposed to these games. Be advised: the fact that you challenge them, and when they are CAUGHT, they reverse the prohibited personnel practice and give you what you had originally asked for DOES NOT exempt them from liability. SEE
BURLINGTON NORTHERN AND SANTA FE RAILWAY
COMPANY, PETITIONER v. SHEILA WHITE
on writ of certiorari to the united states court of
appeals for the sixth circuit
[June 22, 2006]
No. 05-259.?Argued April 17, 2006--Decided June 22, 2006
Title VII of the Civil Rights Act of 1964 forbids employment
discrimination based on "race, color, religion, sex, or
national origin," 42 U. S. C. §2000e-2(a), and its
anti-retaliation provision forbids "discriminat[ion] against"
an employee or job applicant who, inter alia, has "made a
charge, testified, assisted, or participated in" a Title VII
proceeding or investigation, §2000e-3(a)
It CLEARLY states that just because the agency reverses its bad acts when the complainant is nipping at their heels, does not negate the fact that they took the act in the first place.
Thank you Doc! I appreciate your information.
Thanks,
Hiram
#29
Posted 11 May 2010 - 07:18 AM
#30 Guest_Simple Man_*
Posted 10 May 2010 - 09:02 PM
#31
Posted 09 May 2010 - 08:55 AM
#32
Posted 09 May 2010 - 08:43 AM
#33 Guest_Corny_*
Posted 02 May 2010 - 09:35 AM
#34
Posted 30 April 2010 - 07:50 AM
#35
Posted 29 April 2010 - 03:56 AM
#36
Posted 20 April 2010 - 08:22 PM
Hiram,
Thank you for having the courage to come forward. I am a ATF-San Juan Alum and I have heard your name before. I do not think that any of us are asking for too much when we ask to go to work and do our 10 hours in a professional environment. All we want to do are our jobs and go home to enjoy our families. I felt safer on the streets of San Juan (highest crime rate in the US) than I did in my office with the unprofessional and illegal conduct that was going on in the office. I hope that someone with some authority will see this reappearing pattern of the same abuse of authority, lying, and fraud waste and abuse allegations. We need more people to come forward and tell the truth otherwise the bad employees will win. There is a quote that goes something along the lines of, there is a cost to make change and there is just as much of a cost to leave things the same. You get the gist of the quote. If we are going to live with stress, lets have the stress serve a positive purpose-CHANGE. Then and only then will ATF actually be one of the top 10 places to work in the Federal government.
Regards
Adam
Hey Adam,
The Puerto Rico assignment is and was rough. I believe that a professional environment is what I demand. I do not believe there are any winners or losers in this. When ATF does not act in the best interest of the citizens of the United States, we all lose. Taxpayers dollars are being wasted to protect the guilty at ATF and this should not be. The rules apply to some and not to all the same way. I hope to see the day when everyone is treated fairly and in a decent manner.
I have a deposition on the 28th of April, 2010. I will keep you and everyone else posted.
The ATF EEO Office finally responded to my emails. I had to include the head of DOJ's EEO Office. I filed a formal complaint October 15th, 2009 and it is still pending before the EEOC for acceptance. I do not believe that. I have no other choice but to take action.
I can appreciate your quote. It is oh so true.
Thanks for the post and your words of encouragement!
Best Regards,
Hiram
#37
Posted 18 April 2010 - 07:49 AM
#38
Posted 18 April 2010 - 05:30 AM
Those answers have Eleaner Loos all over them. She coaches managers who know they are dirty to say I DON'T KNOW, I DON'T RECALL, I WAS NOT AWARE OF THAT. Sullivan used it, Domenech, Bouchard, Webb, Richardon, Newell, Ford, Torres, McLemore (twice), Martin, O'Brien, Gillette, Gordon, Crowell, Hoover, Carter - all of them are experts at not knowing.
Aside from perjuring yourself by saying you don't recall when you do recall you are also guilty of being a coward which may not carry a criminal penalty but the coward jacket is much worse to wear.
The type of testimony in the below post from Gleysteen is offered from someone who ATF has chosen to be the best of the best and lead a field division as a SAC? What are they going to do with him once the perjury charges hit in the Road Dog case? I know, Special Assistant to the Director.
Let me clarify a few points for you.....Leadership in ATF does not equal being the best! Being a SAC does not mean that you are a solid Agent, it just means that you are willing to do what needs to be done including lying as you describe in your post, compromising your integrity and ethics and pulling your neck out of socket to kiss your own azz, to ensure that ATF wins. As someone previously mentioned, this is a repeat of the lying ATF Officials from the WACO days. This is no different than David Troy going on national TV and playing the game "we don't know what exactly happened because none of us where there." WHAT A LOSER!!!??!!! As it has been stated on this website so many times, shit floats so those that rise to the top in ATF....you be the judge. I will admit there are some voyeurs that are not bad leaders but they sit and watch the abusers and predators wreak havoc on employees. They do not lift a finger on the behalf of the victims. This could be out of fear of retaliation and self preservation.
For Clean Up ATF!
#39 Guest_Jumper_*
Posted 15 April 2010 - 02:18 PM
#40
Posted 15 April 2010 - 11:04 AM
#41
Posted 14 April 2010 - 03:19 PM
Long time reader, first time poster.
Any agent who knows the truth and when questioned replies with "I don't know" or "I don't recall" has committed perjury. Worse in our world he or she is forever labeled a coward. The ultimate sin for the police. For what? To gain favor with a bureacracy that doesn't even care about you? To ingraciate yourself with a supervisor hoping for greener pastures? Because you are afraid that that some heavy handed boss will make your life miserable?
If you answered yes to any of those questions then you are a coward and you didn't just betray the truth you betrayed yourself.
Leave the I Don't Know's and the I Don't Recall's for our leadership. They have become very comfortable with those answers, and yes, to you lying bosses, the coward shoe fits so wear it.
I agree with you but it still is a prerequisite for becoming AD and DAD.
For Clean Up ATF!
#42 Guest_HotSun_*
Posted 12 April 2010 - 09:47 PM
#43
Posted 12 April 2010 - 04:39 PM
Witnesses are excellent, but that's only when they are willing to stand up for the truth. A fellow agent witnessed several acts of discrimination against me, but when he got my interrogatory, his answers consisted of "I don't recall."
Now, I do understand that the only martyr the world ever remembered was Jesus Christ, but man, sometimes you have to stand up for what's right. There's an old saying, "let justice be done though the heavens may fall."
Oh, and by the way, ATF actually admitted to the original act of discrimination in its reply to the EEOC. They excused it away by claiming the RAC in question was "ignorant of the law."
You can't make this $hit up.
What you describe is unfortunate, employees should stand up for other employees. Did the "I don't recall" guy get an Oustanding evaluation or an award? You know, this is the way that they reward employees that lie for them. Oh! They also promote them too. This is where you will find most of the liars in ATF, at the top or senior mangement (I don't want to paint them all with a broad brush). This is the reason that I like calling names. You know there is an old cliche that says, "A turd floats." This could be the explanation for so many turds at the top. (Again, not all of them are turds...there is a small minority 1%.)
For Clean Up ATF!
#44
Posted 11 April 2010 - 10:14 AM
Witnesses are excellent, but that's only when they are willing to stand up for the truth. A fellow agent witnessed several acts of discrimination against me, but when he got my interrogatory, his answers consisted of "I don't recall."Remember, you have to prove your case and not the investigator. I thought my investigator did a good job too. Yes you have to guide them provide them witnessess and the evidence to prove your case. The burden of proof is yours and only yours to meet alone. Each bit of information or evidence that you provide should be unrefutable and undfendable by the ATF. They will attack the evidence and attempt to argue its is not credible but they will be unable to dispute the facts. Just remember that once you have established the elements of your case, you need to go one step further. ATF will be given the opportunity to provide legal reasons why they did what they did. Once they give their business reasons you must show that they are false. In the case of performance, previous evaluations during that same period will show their reasons are false. Emails from the relevant period are also good. A good witness that provides you with a statement is also good. You have to show that the business reasons are an excuse for the real reason discrimination or retaliation. This is where a lot of federal employees lose their cases. You might prove a prima facie case that there was discrimination or retaliation but you do not prove that the business reasons are false.
We, as employees, should not shy away or be reluctant from assisting each other to prove our cases when the violators and predators are the same. I do not have to name them...they have been named throughout this site numerous times. Good luck! Keep up the good fight! There is real power in numbers and knowing you are not alone.
Do not be discouraged! Do not let them wear you down! They want to cause you financial hardship. They do this intentionally! It is all part of their strategy to win. If you can get them to a court or hearing date, they more than likely are to settle. They do not want to put their lying mangers on the witness stand unless they have their line up of liars that can corroborate each other.
Now, I do understand that the only martyr the world ever remembered was Jesus Christ, but man, sometimes you have to stand up for what's right. There's an old saying, "let justice be done though the heavens may fall."
Oh, and by the way, ATF actually admitted to the original act of discrimination in its reply to the EEOC. They excused it away by claiming the RAC in question was "ignorant of the law."
You can't make this $hit up.
#45
Posted 09 April 2010 - 02:15 AM
Stop sounding so surprised. They didnt shut down access to this site for no reason. Mr. Melson and especially Ms. Loos know that they are being exposed. If you were thinking the EEOC Office was independant and impartial, then maybe you should place your faith in the Ombudsmans Office next. They are circling the wagons. The Ombudsman reports to Mr. Hoover who is not even in the chain of command. They are supposed to report directly to Mr. Melson but previous posts are showing that Mr. Melson WANTS to be kept out of the loop. The only answer at this point is " I didnt know". Per the organizational chart approved by Alberto Gonzalez, Mr. Hoover has no authority and is merely an advisor to the Director, which if you havent noticed we dont have and have not had for over 5 years. Please tell me who is driveing this train? Hard to hold a ghost accountable. If you hadnt noticed, it wasnt ATF who blocked AND is monitoring this site. It is main Justice. Mr. holder, where is the transparency?
Doc, I am not surprised. I am and continue to be shocked at the blatant violation and disregard for federal law. I am and continue to be shocked at the fact that these blatant acts go unpunished. I am and continue to be shocked that Agency officials blatantly and repeatedly violate federal law with no sanctions or consequences. If the laws enforced by the Agency were repeatedly and blatantly violated there would be some action to hold whomever this may be accountable and responsible. It is amazing that there is a double standard for the citizens of America and another for Agency top officials!
#46
Posted 06 April 2010 - 09:47 PM
#47
Posted 06 April 2010 - 07:08 PM
#48
Posted 05 April 2010 - 05:47 AM
To be perfectly blunt, the contract investigator assigned to my complaints actually did a good job. His investigative skills are superior to most GS-15's running this agency. Now, I still had to piece together my argument, including how my former RAC, the incompetent boob and complete jacka$$ that is is, purjured himself.
Of course, Loos et al don't care if an ATF manager lied under oath. However, you know the same wouldn't hold true if my answers were at the very least "inconsistent."
in
But Doc is right. Be prepared. Guide the questioning. Just remember--we are skilled investigators. We are used to being cross-examined in court by attorneys FAR more skilled than Loos and her crew. Even though Loos and the SES crowd write the game rules, they are still playing OUR game on OUR field.
Remember, you have to prove your case and not the investigator. I thought my investigator did a good job too. Yes you have to guide them provide them witnessess and the evidence to prove your case. The burden of proof is yours and only yours to meet alone. Each bit of information or evidence that you provide should be unrefutable and undfendable by the ATF. They will attack the evidence and attempt to argue its is not credible but they will be unable to dispute the facts. Just remember that once you have established the elements of your case, you need to go one step further. ATF will be given the opportunity to provide legal reasons why they did what they did. Once they give their business reasons you must show that they are false. In the case of performance, previous evaluations during that same period will show their reasons are false. Emails from the relevant period are also good. A good witness that provides you with a statement is also good. You have to show that the business reasons are an excuse for the real reason discrimination or retaliation. This is where a lot of federal employees lose their cases. You might prove a prima facie case that there was discrimination or retaliation but you do not prove that the business reasons are false.
We, as employees, should not shy away or be reluctant from assisting each other to prove our cases when the violators and predators are the same. I do not have to name them...they have been named throughout this site numerous times. Good luck! Keep up the good fight! There is real power in numbers and knowing you are not alone.
Do not be discouraged! Do not let them wear you down! They want to cause you financial hardship. They do this intentionally! It is all part of their strategy to win. If you can get them to a court or hearing date, they more than likely are to settle. They do not want to put their lying mangers on the witness stand unless they have their line up of liars that can corroborate each other.
For Clean Up ATF!
#49
Posted 04 April 2010 - 09:35 AM
#50
Posted 04 April 2010 - 07:31 AM
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