ptsd Disability Discrimination At My Job

[martin]

hi folks, well its martin. i have written a couple of posts titled "back from Iraq, and cant work" well, its coming to a head now.i am still waiting for a response from the V.A. in Houston about my compensation. nothing yet. my file has been at the rating board since Dec 8th, 2006. i was sent home again from my job a s a police officer in january 2007, after i got a release from my doctor to go back to work. well, the ptsd subject came back up again, and this time i was sent home without my badge and i.d. and went back to square one, and was told i couldnt return until i get a release from my doctor. apparently the one i had 6 weeks prior must have expired because here i am sitting at home (again) unable to get a release bceause my job made it impossible as they conveniently changed the S.O.P. for my job discription. i didnt do anything wrong, i have never been disciplined, or even had a complaint in 23 years of being a police officer. i'm pretty easy going,BUT! i think enough is enough. i'm 2 1/2 years short of my pension, and i've been kicked to the curb, with no regards that i have a wife and 4 kids to support. not being able to provide a living, i am seeking an attorney to file a law suit as i feel my rights under the disabilities act are being violated. it got out somehow to the Houston Chronicle,(by one of my allies at the P.D.) and i was contacted for an interview for tomorrow. i consented to one. i was told that this is notgoing to go over well with the public,(no matter of their thought on the war) and will be given alot of publicity. all i did was serve my country the best to my abilities, now i'm being penalized for it. i'll see how it turns out. i am also supposed to have two V.A. reps here with me as well during the interview. i guess i have to be an ass and sue. has anyone else gone through this themselves, and if so, what was the outcome? i posted a very old picture of myself going through USMC infantry training school in the 70's.(after vietnam) i wonder if i looked as stressed now as i did back then?..thats it for now...martin

[Speaking Out]

Good Luck. When those two VA reps are there, ask them what the hold up is on you VA benefits. Ask them to help you if they can. I am sure the negative PR that your police force is about to get will not make them happy, but you deserve better. Make sure you get a good attorney and ask him what the process is and how long it will take and what part of your personal life will have to be exposed and let him know that you need him or her to represent you like a bull dog and you let them take care of the legal stuff. Tell them to call you only when they have to so that you can focus on you and getting better. Talk about your PTSD and don't be ashamed of it. You served your country honorably and we, your vet family is here to support you. Without this family here, I wouldn't be here today. I would have been found in my shed with a note on the door warning the police of what they were going to find. Don't let your PTSD take you to that dark place. Talk, talk, talk, until you feel better and when it comes back fight it. I hope you are seeing someone for your PTSD on a regular basis. God Bless you and thank you for your service. Lisa

[LarryJ]

One other little thing that I think I should mention to you.

Be VERY careful what you say in this interview or to anyone for that matter. For, if you are going to take any of this to court or arbitration, remember something that you, yourself, have told many people in the last 20+ years.

What you say, can, and will be, used against you in a court of law.

If, at any time, you desire an attorney one will not be provided for you, so you better STFU until you get one.

[Berta]

Martin-if you posted about this before -I recall a long reply I made.

My husband was the first ADA EEOC case in NYS. We won within months.

We had plenty of evidence due to the way the US DOL had farted around with numerous complaints he filed under the socalled Veterans Readjustment Assistance and the other socalled affirmative action laws for veterans under DOL. WHich dont mean s--t!

As I recall I went into detail and the post is here somewhere.

"i am seeking an attorney to file a law suit as i feel my rights under the disabilities act are being violated. it got out somehow to the Houston Chronicle,(by one of my allies at the P.D"

You dont need a lawyer- get one if you want but as long as your employer was covered by the ADA you can file the complaint yourself.

There has been so much negative info as to Walter Reed etc and how long returning vets have to wait- heard this AM about all the paperwork they have to fill out-dont know if they meant claims or not- lately that- as someone here said or maybe it was me-

in the words of Bob Dylan- "the times, they are a coming'"

so I see this as a good time to file a complaint-as a veteran-anywhere you can-

dont let the statute of limits run out!

The complaint form you need is either at the ADA web site or EEOC site- I saw one there not long ago.

I dont remember what the SOL is on ADA complaints and EEOC suits. BUT-

You might have to go through an administrative complaint procedure first with your employer however, before filing this form.

AS I stated to you or to someone here re same matter-some time ago-

your employee has to have posted in a visible area to all employees the exact ADA EEOC regs they fall under and what administrative procedure they might have, that you might need to follow first - before you file the formal ADA claim.

You need to check that out first as it determines when ADA has jurisdiction.

Edited March 6, 2007 by Berta

[Speaking Out]

Martin, you hang in there! I am sure that when it gets out that a Deputy Constable in the 5th precinct that has served his community for 23 years and honorably served his country is being treated this way the public will back you and when Chief Michna starts getting calls about your situation that he will think long and hard about how you are being treated. I agree with the last post about being careful what you say and I hope you have your attorney with you at your interview. Good luck! Lisa

[martin]

thanks for all the feed back everyone. i thought it would be easy to secure an attorney, but i have met with some resistance. the ones i call dont seem interested. as for being careful as to what i say, i sure will, but i cant think of anything in 23 years that i have said to the people i work or worked with that could be ever be brought up as bad. i always treated and spoke to my co workers like i wanted to be spoken to.i can get along with just about anyone.. i spoke to some co workers today and expressed their deire for me to speak out, and to bring this to the publics eye. my co workers are freaked out about it, and cant believe i'm getting the shaft. if any of ya'll live in Houston, be on the look out, it "outa be a doozy". i was told i HAD to contact the EEOC to get the ball rolling (by an attorney i spoke with briefly today that turned my case down,)so i called EEOC, and their supposed to send me some stuff to fill out, and send to the regional office in Houston. i really dont want to go into mitigation with these people at the Pct.their not worth talking to. their in their 60's and 70's and are so far behind the times, they need to leave....martin

[Speaking Out]

If you are able, go to the EEOC and fill the paperwork out there. The staff there is supposed to help you fill out your claim. Remember, they just want the facts, but I would go there in person. Contact the local bar association and ask them for a pro bono attorney service in your area. Look on the internet for attorneys in your area that have military experience and you might find a vet lawyer that will help you. Also, contact the ACLU in Houston. I know, some people hear ACLU and freak out, but they might be able to help you. Why are the VA reps going to be at your interview? Are these people who have been helping you all along or this something new?