RE: Ney v. Department of Commerce (MSPB)

["Mark S. Zaid" <mark@markzaid.com>]

Peter -

Thanks for your e-mail.

We would be interested in learning more about your wife's case. I have cc'd
my colleagues who I work with on these types of cases to solicit their input
as well.

I know for my participation, and I believe for theirs as well, I work on an
hourly basis. Sometimes I am willing to work out flat fee arrangements and
we can certainly discuss that if you prefer. I don't handle contingency
cases.

Do you have any key summary documents you can send that will not overwhelm
us at the outset?

Mark



 
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-----Original Message-----
From: Peter Ney [mailto:pete@ney.com] 
Sent: Wednesday, February 23, 2011 3:27 PM
To: mark@markzaid.com
Cc: Anne Ney
Subject: Ney v. Department of Commerce (MSPB)

Mr Zaid,

I asked Eugene Fidell for a referral and he gave me your name.  I am
representing my wife in an appeal before the MSPB that has been going on for
over one year.  It involves USERRA violations, marital discrimination and
prohibited personnel practices.  In a nutshell, Anne Ney is a 30 year Coast
Guard veteran who was terminated by the National Marine Fisheries Service
eight days before the end of her one year probationary period.  She was in a
term position (Fisheries Biologist) and through discovery we have found that
the Agency did not want to hire her (they had already decided on a younger,
single, non-military woman), but they were required to offer her the
position because of her veterans preference.  She was in a active reserve
status while she was employed by NMFS and they seem to have terminated her
when they found out that the Coast Guard had asked her to remain in the
active reserves beyond her 30 years.

After she was terminated, they hired the person they originally tried to
hire into the same position, which they converted to a permanent position,
and they re-wrote the KSAs to match her qualifications.  We are able to
prove beyond any doubt, through discovery and 4000 e-mails, that the
performance issues were not only fabricated, but relate to work she was
required to do while simultaneously drilling for the Coast Guard.

The AJ in Atlanta has accepted the USERRA and marital status appeals (he
denied the VEOA appeal).  We are currently in a 30 day mediation suspension,
although no mediation has begun.  The Agency is not willing to settle or
even discuss settlement.  We have set the damages to lost (past and future)
income, lost career opportunities, and damage Anne's reputation in our
community at an amount that we find fair, obviously they disagree.

We are looking for an attorney that will represent her at the hearing.  This
case is unique and Eugene was surprised that we have kept it alive this
long.  All the documents are organized and we have been timely in all the
filings.

I would like to discuss this opportunity with you and I look forward to
hearing from you.

MSPB:	AT 315H 10 0148 B 1
		AT 4324 11 0181 I 1

Peter J. Ney
5300 27th Ave N
St Petersburg, FL, 33710
pete@ney.com
(727) 667-3668 (mobile)
(727) 374-5732 (home)=