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Federal employee claims Agency violated a settlement agreement.  Complainant had initiated an EEO claim alleging unlawful discrimination.

That claim was settled and the parties entered into a settlement agreement. Pursuant to the agreement, Complainant was to receive three promotions on specified dates along with retroactive pay and benefits. Complainant later filed an appeal alleging that the agency involved was not in compliance with the agreement because the Office of Personnel Management (OPM) did not calculate her retirement based on her promoted status because there was no final payout at the final promotion level evidencing three years of required employment at that level. The Office of Federal Operations found that the agency complied with the terms of the agreement on its’ face and the technicality at issue should have been addressed by the complainant and her legal counsel during the drafting of the agreement. Further, the office noted that the agency had no say in how the OPM calculated retirement benefits.

Vickie T. v. Alex M. Azar II, Secretary, Dep’t of Health and Human Services, https://www.eeoc.gov/sites/default/files/decisions/2021_01_19/2020004302.pdf

Kirk J. Angel is an attorney who represents federal employees throughout the US. You can set a free 15 minute consultation or a longer paid one with him right on his website.https://theangellawfirm.com/employment-attorney-concord