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On The Verge Of Loosing My Job Because Of Ptsd

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60 percent disabled PTSD

Question

Is there any protection for a disabled vet against an employer terminating a vet cause he failed a test or Cannot remember OHMS Law?.....

Here is some back ground info.

I am technician for DOT and have been employed for 3 years right out of the war... I have a hard time consentrating or multi tasking but when I Organize and set everything up One at a time, I do Fine.

I was in an IED and have lost memory and parts of hearing and suffer a few other effects from it. This is all documented in my disability...I was just recently approved 60% disabled by the VA...

anyways.

I was asked to complete nemerouse courses since my employemnet with DOT and have scored sucsefully everytime except this last time..I just cant consentrate or remember everthing in the book...and I end up failing it. (I studied the book for three months)..Then my boss proceeds to questions me about OHMS LAW and I couldnt remember so then he thinks thats why I failed, and that Im not a good tech....He preceeded to threaten me with addition school work and loossing my Job if I dont pass this course...

Is there anything I can do if he takes action or if I fail the course again?...

He is also a Vet from the early 80's...wouldnt a vet help a vet? wouldnt he tell me on the side.."look I undestand your having some problems concentrating, here are some supplimental books that might help you, or even say this course isnt for you here try a different one...But no..I think he wants to get rid of me and then my PTSD starts acting up even more and I get so stressed out inside but i have no place to release my anger. Cause i would never do that at work. I just take it and push it way down where it wont ever be seen again...like that ever worked for me... I have kids and Im divorced and pay childsuport..They rely on me to provide for them and I feel helpless because of this and then i get depressed and start drinking alot...its just a no win situation if this continues,...I dont know if I should quit because its so stressfull to work with him asking me things like that..Its demening to me...I really feel abused after our "little talks". I just need some guidance and to feel more secure about my position..If there is any protection from this type of work realted tacticts on Disabled Veterans?

Thanks

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Is there any protection for a disabled vet against an employer terminating a vet cause he failed a test or Cannot remember OHMS Law?.....

Here is some back ground info.

I am technician for DOT and have been employed for 3 years right out of the war... I have a hard time consentrating or multi tasking but when I Organize and set everything up One at a time, I do Fine.

I was in an IED and have lost memory and parts of hearing and suffer a few other effects from it. This is all documented in my disability...I was just recently approved 60% disabled by the VA...

anyways.

I was asked to complete nemerouse courses since my employemnet with DOT and have scored sucsefully everytime except this last time..I just cant consentrate or remember everthing in the book...and I end up failing it. (I studied the book for three months)..Then my boss proceeds to questions me about OHMS LAW and I couldnt remember so then he thinks thats why I failed, and that Im not a good tech....He preceeded to threaten me with addition school work and loossing my Job if I dont pass this course...

Is there anything I can do if he takes action or if I fail the course again?...

He is also a Vet from the early 80's...wouldnt a vet help a vet? wouldnt he tell me on the side.."look I undestand your having some problems concentrating, here are some supplimental books that might help you, or even say this course isnt for you here try a different one...But no..I think he wants to get rid of me and then my PTSD starts acting up even more and I get so stressed out inside but i have no place to release my anger. Cause i would never do that at work. I just take it and push it way down where it wont ever be seen again...like that ever worked for me... I have kids and Im divorced and pay childsuport..They rely on me to provide for them and I feel helpless because of this and then i get depressed and start drinking alot...its just a no win situation if this continues,...I dont know if I should quit because its so stressfull to work with him asking me things like that..Its demening to me...I really feel abused after our "little talks". I just need some guidance and to feel more secure about my position..If there is any protection from this type of work realted tacticts on Disabled Veterans?

Thanks

Some thoughts:

1) Choose not to drink, my friend. Seriously. It just makes a bad situation worse, and you have business to take care of.

2) Get in touch with the disability resource center at DOT; they'll give you further guidance about the laws and regulations governing DOT personnel in the civil service. http://www.drc.dot.gov/ra.html One thing that may help you is "request for accommodation." If you can do your job by having Ohm's Law and other required formulae in a notebook, ask for that as accommodation. The disability folks at DOT can explain it further.

3) I know EXACTLY how you feel, because I'm going through it right now myself. PTSD and depression; boss criticizes me constantly when I'm there and complains about my absence if I'm gone. I can't win. Being somewhere I'm not wanted all day is not exactly conducive to feelings of self worth :D

4) Don't let the b@stards get you down.

Best,

Bill

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Before it gets worst, you can contact the HR and find out about disability retirement through the federal government. If you lose your federal government job because of your service connected disabilities , you can file for TDIU or an increase in VA disability.

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http://www.eeoc.gov/facts/fs-ada.html

The U.S. Equal Employment Opportunity Commission

--------------------------------------------------------------------------------

Facts About the Americans with Disabilities Act

Title I of the Americans with Disabilities Act of 1990 prohibits private employers, state and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment. The ADA covers employers with 15 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations. The ADA’s nondiscrimination standards also apply to federal sector employees under section 501 of the Rehabilitation Act, as amended, and its implementing rules.

An individual with a disability is a person who:

Has a physical or mental impairment that substantially limits one or more major life activities;

Has a record of such an impairment; or

Is regarded as having such an impairment.

A qualified employee or applicant with a disability is an individual who, with or without reasonable accommodation, can perform the essential functions of the job in question. Reasonable accommodation may include, but is not limited to:

Making existing facilities used by employees readily accessible to and usable by persons with disabilities.

Job restructuring, modifying work schedules, reassignment to a vacant position;

Acquiring or modifying equipment or devices, adjusting or modifying examinations, training materials, or policies, and providing qualified readers or interpreters.

An employer is required to make a reasonable accommodation to the known disability of a qualified applicant or employee if it would not impose an “undue hardship” on the operation of the employer’s business. Reasonable accommodations are adjustments or modifications provided by an employer to enable people with disabilities to enjoy equal employment opportunities. Accommodations vary depending upon the needs of the individual applicant or employee. Not all people with disabilities (or even all people with the same disability) will require the same accommodation. For example:

A deaf applicant may need a sign language interpreter during the job interview.

An employee with diabetes may need regularly scheduled breaks during the workday to eat properly and monitor blood sugar and insulin levels.

A blind employee may need someone to read information posted on a bulletin board.

An employee with cancer may need leave to have radiation or chemotherapy treatments.

An employer does not have to provide a reasonable accommodation if it imposes an “undue hardship.” Undue hardship is defined as an action requiring significant difficulty or expense when considered in light of factors such as an employer’s size, financial resources, and the nature and structure of its operation.

An employer is not required to lower quality or production standards to make an accommodation; nor is an employer obligated to provide personal use items such as glasses or hearing aids.

An employer generally does not have to provide a reasonable accommodation unless an individual with a disability has asked for one. if an employer believes that a medical condition is causing a performance or conduct problem, it may ask the employee how to solve the problem and if the employee needs a reasonable accommodation. Once a reasonable accommodation is requested, the employer and the individual should discuss the individual's needs and identify the appropriate reasonable accommodation. Where more than one accommodation would work, the employer may choose the one that is less costly or that is easier to provide.

Title I of the ADA also covers:

Medical Examinations and Inquiries

Employers may not ask job applicants about the existence, nature, or severity of a disability. Applicants may be asked about their ability to perform specific job functions. A job offer may be conditioned on the results of a medical examination, but only if the examination is required for all entering employees in similar jobs. Medical examinations of employees must be job related and consistent with the employer’s business needs.

Medical records are confidential. The basic rule is that with limited exceptions, employers must keep confidential any medical information they learn about an applicant or employee. Information can be confidential even if it contains no medical diagnosis or treatment course and even if it is not generated by a health care professional. For example, an employee’s request for a reasonable accommodation would be considered medical information subject to the ADA’s confidentiality requirements.

Drug and Alcohol Abuse

Employees and applicants currently engaging in the illegal use of drugs are not covered by the ADA when an employer acts on the basis of such use. Tests for illegal drugs are not subject to the ADA’s restrictions on medical examinations. Employers may hold illegal drug users and alcoholics to the same performance standards as other employees.

It is also unlawful to retaliate against an individual for opposing employment practices that discriminate based on disability or for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under the ADA.

Federal Tax Incentives to Encourage the Employment of People with Disabilities and to Promote the Accessibility of Public Accommodations

The Internal Revenue Code includes several provisions aimed at making businesses more accessible to people with disabilities. The following provides general – non-legal – information about three of the most significant tax incentives. (Employers should check with their accountants or tax advisors to determine eligibility for these incentives or visit the Internal Revenue Service's website, www.irs.gov, for more information. Similar state and local tax incentives may be available.)

Small Business Tax Credit (Internal Revenue Code Section 44: Disabled Access Credit)

Small businesses with either $1,000,000 or less in revenue or 30 or fewer full-time employees may take a tax credit of up to $5,000 annually for the cost of providing reasonable accommodations such as sign language interpreters, readers, materials in alternative format (such as Braille or large print), the purchase of adaptive equipment, the modification of existing equipment, or the removal of architectural barriers.

Work Opportunity Tax Credit (Internal Revenue Code Section 51)

Employers who hire certain targeted low-income groups, including individuals referred from vocational rehabilitation agencies and individuals receiving Supplemental Security Income (SSI) may be eligible for an annual tax credit of up to $2,400 for each qualifying employee who works at least 400 hours during the tax year. Additionally, a maximum credit of $1,200 may be available for each qualifying summer youth employee.

Architectural/Transportation Tax Deduction (Internal Revenue Code Section 190 Barrier Removal):

This annual deduction of up to $15,000 is available to businesses of any size for the costs of removing barriers for people with disabilities, including the following: providing accessible parking spaces, ramps, and curb cuts; providing wheelchair-accessible telephones, water fountains, and restrooms; making walkways at least 48 inches wide; and making entrances accessible.

--------------------------------------------------------------------------------

This page was last modified on September 9, 2008.

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  • HadIt.com Elder

60%,

Since in your post it appears that you can do the core functions of your job with or without accomodations, I suggest that you take your new VA award to HR, put them on notice that you are requesting accomodations for learning retention as you are forgetting things due to your TBI.

This will give you some protection, but you need to follow up on this with a paper trail....who , what, when , where and why...CYA not theirs.

If you get flack from this you always have the EEOC and the MSPB.

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  • Content Curator/HadIt.com Elder

Hey 60%,

I hope things work out for the best for you.

I am taking a college course and we just finished studying the brain and results of brain injuries. "Plasticity" is one characteristic of the brain. Depending on the type of damage you experienced, it is possible that healthy parts of your brain may learn to compensate and eventually replace some of the functionality you lost during the IED.

Also, check with the provider of your courses. Disability support services may be available that provide special accommodations during your term of study. Be sure to see a professional counselor (at the VA or elsewhere). Definitely stop drinking, because that will make things worse.

If you choose to continue taking courses, here are a couple of links that might be helpful:

http://www.usnews.com/articles/education/2...th-college.html

http://www.cleinc.net/home.aspx

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