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Disabled vets being passed over for federal jobs without notice

Discussion in 'Veteran's Forum' started by grampi, Dec 5, 2004.

  1. grampi


    Nov 26, 2004
    I'm wondering if there are any disabled vets (30% or more) in this forum who have been denied a federal job that they've applied for without being notified in advance that the agency was not intending to hire you. If so, this is in violation to the hiring rules specified on the OPM web site.

    The rules clearly state that an agency MUST notify a 30% or more disabled vet and the OPM of a proposed pass over. The word "proposed" tells me they are required to notify you before they have already made their selection. The rules also clearly state the final decision is then left up to the OPM whether or not the vet can be passed over.

    I know for a fact I have been passed over without being contacted, and I'm willing to bet the agency did not contact the OPM either. This may not sound significant to some, but I think this may be a tool someone trying to obtain federal employment might be able to use against the agency to get hired. I believe the portion of the rules that state that the OPM makes the final decision as to who gets hired is what makes this rule so significant. Agencies who choose to ignore this rule are basically saying "pi$$ on the rules" and are making the final decision themselves. In this case, it could be considered that the vet isn't receiving fair consideration because agencies aren't allowing the OPM to have any part of the decision making process. Has anyone gone this route to get hired?
  2. grampi


    Nov 26, 2004
    I just thought I'd add what I found out from my regional DOL VETS rep yesterday about this subject.

    He said failure of the agency to notify a 30% or more disabled vet and the OPM of a proposed passover is clearly in violation of the hiring procedures. The most serious portion of this violation is that in these cases, the hiring agency is making the final decision as to who gets hired when this decision is supposed to be made by the OPM.

    He said his office has handled cases in the past dealing with this violation. The wronged vet files a claim with the DOL VETS office and they take it from there. He said in most cases, the violating hiring agency is willing to settle by agreeing to hire the vet. My very next question was to ask if there are retrobution protection laws in place to prevent the vet from being abused in the work center. The vet would no doubt be going into a hostile environment. He said there are very specific laws that prohibit such treatment.

    I have been passed over for one vacancy so far since I received my disability rating without receiving prior notification. I have applied for about a dozen or so other vacancies which are still pending. If all my other methods of getting hired fail (e.i., merely applying for vacancies, or going the voc rehab training route), and I receive no passover notification for any of the these vacancies I've applied for, I may file a claim with the DOL and let them do their thing. Hey, you know what they say about an animal that gets backed into a corner?

  3. FLIPPER 348

    FLIPPER 348 Happy Member

    Oct 7, 2000
    Bend Oregon
    grampi, with all due respect, it soulds like you are setting youself up for a miserable work enviorment no matter what job you get. There might be a reason you are not getting any hits on your job efforts............. because you are not playing the game. In most cases you have to go the contractor route for a while. Have you ever worked a Fed gig since leaving the Military?? I have and my expierence was terrible, an insult to the work ethic my Father gave me. Best of luck but the fact that you have to 'play the game' should show you what king of enviorment you are getting yourself into. I'll never got that route again thank you.

    be well
  4. grampi


    Nov 26, 2004
    I think you're right in certain aspects on both your points. I may not have been getting hits with my application efforts so far because I wasn't fully aware of the playing rules......I am now though. In fact, it appears I may know the rules better than a lot of the hiring officials do and I plan on using them.

    I think your point of going the contractor route first would mainly apply to DOD positions. Most of the other agencies aren't affiliated with any contractor positions, at least not in my career field anyway.

    I think your experience with federal employment, according to people I know who are federal employees anyway, is more the exception, not the rule. You're the only person I know of whose had federal employment and didn't like it. Everyone I've talked to said their federal job was almost exactly like the job they did on active duty, without all the BS like having to deploy, having to comply with fitness and weight standards, etc.

    Keep in mind, I will only go the route of filing a complaint with the DOL as a last resort. I still have a couple of non-derogatory methods I'm using to get hired.
  5. BinLurking

    BinLurking Your Phone

    Jul 31, 2004
    In your backyard
    Grampi, you and I have been communicating via PM and shared with you what I know. In your comment here, you have to make the "cert" (certificate to select list). There is no passover if you are not on the select list and they cannot offer you the position if you are not on the cert list. I second what Flipper 348 said. You should re-direct your energies into the right direction i.e., finding employment, maybe in the private sector or a government contractor, rather than hanging out "here"! I am a firm believer in people who says: "there aren't any jobs around here" are the ones who are not looking for a job. I live in a small community and I have been employed since retirement from the service. YMMV.
  6. grampi


    Nov 26, 2004
    As I have stated before, and for the last time, I'm not intersted in and will not be pursuing non-gov jobs. I currently have a secure job and I'm not willing to give up this job for the very insecure electronics tech jobs in the non-gov sector. I'm not saying there aren't any ET jobs out there, I just know the non-gov ET jobs are way too volitile for me.

    If you mean being referred to the selecting official when you say "make the cert list", my application package has made the cert list for the vast majority of the vacancies I've applied for. It's during the final selection phase where I'm not being selected, and I think this is exactly what is referred to as being passed over.
  7. JDThorns


    Nov 7, 2002
    Monterey Ca
    Try this site
    or this one

    Both of these are the Western region if you dont mind moving out here.
    I would recomend the GS positions as they get locality pay, for example a GS/5-5 in CA. gets around 27,000 + 6,660 locality pay. Try to stay away from places like San Fran. = Anti self defense.
    Hope this helps out. JDT