is their right he's in a nursing home what he is doing is handling all of this polish financial affairs which he does during the day because this father's heavily into investments and things of that nature and he was dealing with his properties  his father's financial affairs three years it was never an issue there was never a complaint about it he never missed work because of it it wasn't so why can't i hear him over his father's affairs the way most people handle their personal financial affairs either get up early if their morning people and do it before work or if they're if they're noon or evening people do it after work when he gets home it begs the point and this is the manner in which it makes the point mr keen asked for some time off on the family medical leave act to deal with some of his father's affairs that were pressing at that particular time he waited twenty one days for a response from the shipyard instead of the standard three days you have your response back was told he couldn't have family medical leave act he brought an action through his union and they were forced to give him a family medical leave act because he qualified under the act and it was after that within two three weeks of his return from that that they took the mosques we shift and put him on day shift knowing that he handled all of these affairs during what is it better that he handles his father's financial affairs i the family medical leave act that's the mom whose child needs some medical care before the nurse comes into the house or something like that everybody has financial affairs to handle on a job as a real nuisance because it interferes with doing the other stuff but they don't pay you one less you do if they want you to do that's true except see the union there also has a process where normally a person who's requested swing shift this have to be a job most people don't want because it interferes with doing things with the family night when the rest of the family home like quiet with the reverse he like the night work is the deal as is the problem i have to take care of my father's financial affairs not i have to take care of my father well that's part of what he was doing which was found to be valid family medical look i don't care what was found right now i'm trying to identify what the family need is that needs to be accommodated in your view well at that point in time he would also take care of his father at the nursing home he goes spend time with his father the nursing home which they have visiting the nursing home i mean you're not allowed to take care of a parent that a nursing home usually they have actually the  el actually he did and i think it's in his declaration that he assisted them with the care of his father in the nursing home and i believe that presence so any rate part of what's going on here though is a retaliation case and i want to make that point clear he came back from the family meet a medical leave act which was forced on the shipyard or in which they set it only after he took it through the union and press shift i think there's a decoration from a fellow employee in the record would she talked about asking that king be brought back to swing shift because he needed there because he was working there alone because this other guy was off and they wouldn't even let him go back he had to go back and there's that a long term practice of allowing employees to stay in the same shift and giving them notice that they're going to change things this was done almost immediately after his return for retaliation that's way filed with me i'll say he did also in e s c bring up that he had some other medical problems that were coming about because of this but i think that's going to fall right back into the standstill case situation  where we're looking at arguments about the fact that he was having a problem with the supervisor wouldn't let him go back to the ship but because i believe it was done in retaliation because it came right on the heels of the  but i think maybe your imagination of this should be directed to carefully it would be nice if i could do that unfortunately when i find out about him it's a little late for that particular procedure because  employee has already been messed over by the employer and even if they haven't waived their right to munity as to the eff and las to federal workers i would argue that retaliation falls shipyard violated the rehab dilatation act by failing to accommodate him regarding his father's disability there is absolutely no cause of action under the rehabilitation act for accommodating disability of family members accommodation of the employee so there was clearly no cause of action under the rehab back for the complaint as stat mr keene may have had some family medical leave issues i have no idea what the truth of what he's saying as far as as far as i know he got all of the leaves that he requested but whether or not he actually had an issue under the family medical leave act that statute is very clear that there is no private right of action for federal employees money most of service employees are covered under title one  even if you are protected activity was not successful you might have filed there and he'll claim alleging that you've been discriminated in some way and something may be drastically wrong with that be hard to imagine that there would be a good faith believe given that the statute totally doesn't cover this situation usually we're in situations where somebody has filed a complaint and they've had a weak complaint and they weren't  and then the alleged retaliation let's pick something that's totally plainly not a good faith queen i need to take three days off that because of my grandmother's funeral and grandmother died this is difficult to argue because there are many cases discussing what actually constitutes a good faith belief and when it's totally frivolous i mean i argued in this case because the statute clearly doesn't cover it that there would be no good faith belief here if the more important issue go your honor i don't think you even have to reach the good faith belief part in this case mr keene was removed from  i'm sorry but i do want to answer one question that i answered improperly before my client's father didn't go into the nursing home and dealt after my client's f m l i believe so i didn't want to leave that out there with your thinking my client was just doing financial things he was caring for his father when i was just so george what's the date and where's it in excerpts your honor i believe it's contained within my client's affidavit but i