I’m considering hiring lawyer because I’m concerned my command is doing CDI on me for not to report to work when I

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Customer: I’m considering hiring lawyer because I’m concerned my command is doing CDI on me for not to report to work when I wasn’t given anything to do and supervisor never corrected me.
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: No
JA: Are you an "at will" employee? Do you belong to a union?
Customer: I’m active military
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I applied for conscientious objector status in December 2017 and was denied in 2019. I’ve been working on same base since then
Answered by AttyChelsea in 26 mins 3 months ago
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AttyChelsea
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AttyChelsea, Expert

Hi! My name is ***** ***** I am a licensed attorney here to help you with your question. If I do not respond quickly, I promise I will reply as soon as I can! Responses are not immediate, and it may take a bit of time to research and write your answer, so I appreciate your patience. Please note that our discussions on this site are for general information purposes and do not create an attorney-client relationship. I'm glad to help you and will ensure that I will provide a thorough answer to your question. If you see a prompt suggesting a phone call, it is entirely optional. However, it provides a faster service and will allow us to speak more candidly and in greater detail about your issue.

Hope you're doing well and I'm glad to assist you with this.

I’m sorry to hear about this. Why do you think you're being investigated currently, and if you are aware of this, what are they investigating you for? 

Customer
Hi Chelsea, thank you for your time. I applied for Conscientious Objector status in Dec 2017, and was denied in 2019. I tried to return to flying status, but that was denied. My wing commander in 2019 removed my promotion hold to Lt Col and brought me in to be his exec to start working toward my retirement date which currently sits at 1 Nov 23.
Customer
After 14 months as wing exec, which is typically a position for Capt, I was moved to Safety which was run by a Major. My transition was rough for me mentally. I was exhausted mentally from the wing exec job and got little to nothing to do in the new job. I didn't have my own work station and would have to move if others arrived. Felt I was not being utilized or needed and that the wing just kind of stuck me in the corner to get rid of me as former CO applicant. I started to drift away in hours at the office, still didn't get any work. Felt worthless.
Customer
Wasn't preconceived on my part, but based on feeling worthless and getting little to nothing to do I put less time in, still got nothing, and that evolved into not showing for months. Checking email from home. Never heard from supervisor, assumed he didn't care what/where I was.
Customer
Then our OG started questioning what I was up to and my supervisor said he didn't know I was still in his shop. He has since swapped out and I'm now more engaged with current supervisor after talking with OG myself.But the Vice Wing Commander contacted someone to ask them investigation type questions about me, so Im concerned Im set up to be screwed here if they're investigating my lack of attendance at work.Wondering at what point should I hire a lawyer.
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AttyChelsea, Expert

If you are sure they are investigating you, it would probably be time to hire counsel. However, if you are still unsure, I think it would save time and money to simply ask your superiors if you are under investigation, and if so, at what stage the investigation currently sits.

Customer
Would they be able to tell me if I was? I thought I wouldn't find out until they bring me in to question.
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AttyChelsea, Expert

They are able to tell you, but I can't guarantee that they will tell you. They wouldn't be required to at early phases.

Customer
Other question is, if they do bring me in to question. I'm certain they'd have enough info on the situation that I don't see it benefiting me not talking to them and explaining my side of why it happened. For whatever that's worth to them. Or would you recommend not talking and seeking lawyer at that time?
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AttyChelsea, Expert

I always recommend not saying anything as it could be used against you, until you are represented by a lawyer who is present with you to advise.

Customer
Ok, is it appropriate or accepted to provide a written statement?
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AttyChelsea, Expert

That's fine too, but like I said, I wouldn't say anything before hiring a local lawyer.

Customer
If they bring me in to question and I ask for time to get lawyer, how much time should I expect to be given to get a lawyer?
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AttyChelsea, Expert

Unfortunately I can't answer that. That would deal with their procedure, not the law itself. Are there any last follow-up questions related to this that I can help you with at this time?

Customer
Not for now, thank you for your time.
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AttyChelsea, Expert

You're welcome! I'm so happy that I was able to answer your question. If you would like to ask me another question in the future, you can add me as a Favorite Expert. You will have the option to do this on your "MY QUESTIONS" page if you choose to rate our interaction. You can also request be my name, tag me in a new chat, or use my personal link: https://www.justanswer.com/law/expert-attychelsea if you wish. Again, my name is ***** ***** it has been my pleasure to help you! Thank you for using the site and for trusting me to answer your question.


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