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dicple13

What Are My Options?

Question

maybe someone can help me. I am currently employed with a government agency as a supply tech. I am digansoed with chronic PTSD and on my C&P exam back in Feb.08 the examing physician put in writing that I was only employable under a stress free environment with limited interaction from coworkers,whom I have had a bad history with. I do not get along well with the people I work with. I have been suspended for 10 days for a incident and now another has occurred where a propsed termination was a possible option.I am not serviced connected for my PTSD it is in appeal. My employer says there is no way to accomadate me because of my condition.What are my options?

Thanks!

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Get your employer to put this in writing

especially if you are going to be terminated.

jmho,

carlie

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...also, is there anyone at work (besides the supervisor) who can write letters on your behalf about stressors at work. those might help as well. does your work have an employee benefits advisor (not sure that's the proper title)....you said you work for a government agency, so there should be a person like this who could also write a letter on your behalf.

and, with a dx of PTSD....i don't think that you can be fired for incidents which relate to this.....that might be covered under the ADA...maybe somebody else here will know better than i do about that.

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Are you a dual-status technician?

If so, this is obviously going to affect your reserve status because the rep will carry over and affect your promotions also.

Get your dr to send you to an inpatient program and put the stressors on your technician job. The gov't will have to give you a med board (civilian) and hopefully medical retirement because they exacerbated your PTSD.

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The Americans with Disabilities Act ("ADA"), Statute 42 U.S.C. § 12101 et seq. The Americans with Disabilities Act is codified at Title 42, section 12101 and following. It can be located in the United States Code (Range 149), the United States Code Annotated (Ranges 149-150) and the United States Code Service (Range 153). The relevant Public Law number and citation to Statutes at Large is Americans with Disabilities Act of 1990, P.L. 101-336 and 104 Stat. 328.

An individual with a disability is defined as one who "is unable to perform a major life activity that the average person in the general population can perform," has an impairment that "significantly restricts the condition, manner or duration in which an individual can perform a particular activity as opposed to the condition, manner or duration in which the average person in the general population can perform the same activity," or is regarded as having such impairment. 42 U.S.C. § 12102(2).

The Americans with Disabilities Act ("ADA") prohibits employers from discriminating against a qualified individual with a disability in any terms and conditions of employment, including applications for employment, hiring, promotion, discharge, wages, and training. 42 U.S.C. § 12112(a).

An employer is not required to offer an accommodation to an employee unless the employer knows the employee has a disability. See Bacon v. Great Plains Manufacturing Co., 1997 U S Dist. LEXIS 2648 (D. Kan. 1997).

An employee, obviously disabled or not, may be required to ask for a specific accommodation before the employer is obligated to offer one. See Willis v. Conopco, Inc., 108 F.3d 282 (11th Cir. 1997).

Courts are not all in agreement, however, that the employee bears the burden to ask for a specific, reasonable accommodation. See Beck v. University of Wisconsin Board of Regents, 75 F.3d 1130 (7th Cir. 1996) (requiring employer to engage in "flexible interactive" process with employee after accommodation is requested) and Borkowski v. Valley Cent. School Dist., 63 F.3d 131 (2d Cir. 1995) (shifting burden to employer to show accommodation will pose undue hardship and merging issues of reasonableness/undue hardship).

for more information, see

National Council on Disability http://www.ncd.gov/newsroom/publications/index.htm

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OK,if you been diagnose with ptsd, and you have a vertifiable inservice stressor

and your inservice stressor, is the reason you have ptsd,you will get a rating,but i don't know what percentage.

dicple13,What is your vertifiable inservice stressor?

mobie

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