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

[JR Reihs]

Martin,

You seem to have 2 claims. Discrimination.......just the fact that the agency perceived you disabled will get you over the Williams claim with the EEOC.You will want to file this under the Rehab Act as amended in conjuction with the ADA.

The next is a VEOA under 5 U.S.C 3330a and a VSERRA under 38 U.S.C 4324 claim, this will be a claim you will file with DOL......you must file it with them if you do not have union bargaining rights.

I would also recomend that you call your Federal and State reps, and if you do have the news on your side I would mention you have or will contact your representatives.

Edited March 7, 2007 by JR Reihs

[Objee]

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

Martin, as you already know your department is screwing, bluing and tatooing you. I doubt you'll get an attorney as yet and you don't yet need one. The advice others have given you looks excellent to me. The interview can be valuable if you stay suave and debonaire during it. Talk about how this attitude affects ALL disabled personnel - that you have years of valuable experience and want to continue to contribute in public service. The department can easily make reasonable accomodations to your disability and you can continue to contribute in service to your fellow citizens. You don't raise your voice and you stay on subject - the department can't afford to lose valuable experience just beacuse a department member needs to be placed in a different job category. The need is there and you can help fill it!

And best of luck to you!

Ralph

[sixthscents]

Tommy

I went into a public-'ouse to get a pint o'beer,

The publican 'e up an' sez, "We serve no red-coats here."

The girls be'ind the bar they laughed an' giggled fit to die,

I outs into the street again an' to myself sez I:

O it's Tommy this, an' Tommy that, an' "Tommy, go away";

But it's ``Thank you, Mister Atkins,'' when the band begins to play,

The band begins to play, my boys, the band begins to play,

O it's ``Thank you, Mr. Atkins,'' when the band begins to play.

I went into a theatre as sober as could be,

They gave a drunk civilian room, but 'adn't none for me;

They sent me to the gallery or round the music-'alls,

But when it comes to fightin', Lord! they'll shove me in the stalls!

For it's Tommy this, an' Tommy that, an' "Tommy, wait outside";

But it's "Special train for Atkins" when the trooper's on the tide,

The troopship's on the tide, my boys, the troopship's on the tide,

O it's "Special train for Atkins" when the trooper's on the tide.

Yes, makin' mock o' uniforms that guard you while you sleep

Is cheaper than them uniforms, an' they're starvation cheap;

An' hustlin' drunken soldiers when they're goin' large a bit

Is five times better business than paradin' in full kit.

Then it's Tommy this, an' Tommy that, an' "Tommy how's yer soul?"

But it's "Thin red line of 'eroes" when the drums begin to roll,

The drums begin to roll, my boys, the drums begin to roll,

O it's "Thin red line of 'eroes" when the drums begin to roll.

We aren't no thin red 'eroes, nor we aren't no blackguards too,

But single men in barricks, most remarkable like you;

An' if sometimes our conduck isn't all your fancy paints:

Why, single men in barricks don't grow into plaster saints;

While it's Tommy this, an' Tommy that, an' "Tommy, fall be'ind,"

But it's "Please to walk in front, sir," when there's trouble in the wind,

There's trouble in the wind, my boys, there's trouble in the wind,

O it's "Please to walk in front, sir," when there's trouble in the wind.

You talk o' better food for us, an' schools, an' fires an' all:

We'll wait for extry rations if you treat us rational.

Don't mess about the cook-room slops, but prove it to our face

The Widow's Uniform is not the soldier-man's disgrace.

For it's Tommy this, an' Tommy that, an' "Chuck him out, the brute!"

But it's "Saviour of 'is country," when the guns begin to shoot;

An' it's Tommy this, an' Tommy that, an' anything you please;

But Tommy ain't a bloomin' fool - you bet that Tommy sees!

Rudyard Kipling ... (i dont read poetry, but I read Kipling)

[martin]

thanks everyone for the relpies. first and foremost, i'm no hero. ( i was fortunate, i guess to be very well treated by the us.army for my actions in Iraq awards wise) PHM,BSM, CIB, etc i didnt do anything anyone else in my position wouldnt have done "to stay alive". i did my job in Iraq as a senior NCO to the best of my abilities, and thank god i didnt get any americans killed from my decisions. i have no less than 65 combat missions i took my Iraqi company out on, and yes we lost some Iraqi soldiers in Mosul and Tal'afar. this weighs heavy on my mind some times, as i was in charge of their well being. i was witness to american "kids" being KIA. (i'm 44, and these guys were old enough to be my kids)anyone who has been in combat understands how this haunts a person, especially when you see the people you were acquaited with, or you knew to be killed in a violent way. all combat deaths are violent.some guys call for the moms when their hit really bad.. you dont worry or think about it then,(it's survival) but when you get home, it haunts you... you broke bread with these guys,and talked about their inspirations, and future goals. the next thing you know their gone in a blink of an eye. i suppose its the same for all war vets from ww1 to present. the human mind is like a computer. it reminds you all the time of your past. as being a human being, theres only so much someone can take before they break.( i wasnt as strong mentally as i thought i was).. excuse my language, but these "shitbirds" at my precinct, have NO CLUE as to what going ,AND returning from war is like... they think i'm crazy i guess...i'm not, i'm a human being like everyone on this forum is. sure i'm on meds, but atleast i knew i had a problem, and i sought out help. i wasnt at home eating doughniuts and drinking coffee. these supervisors at my pct thinks i was having fun in the sun. i was outside the wire all the time, and i volunteered for every mission that came down to my advisor team. i suppose as a man, you want to make sure your not a coward. thank god, i passed the test.. i wasnt at the time afraid to die, ofcorse i was concerned if i would be killed, yet there was nothing you could do except " suck it up" what happens, happens.(fellow vets! does that sound familiar, eventhough were from different wars?)..its in GODS hands. thanks for the support, AND GOD BLESS THE VIETNAM VETERANS WHO WERE NEVER GIVEN THEIR PROPER RESPECT, AND HOME COMINGS THAT WERE WELL DESERVED BT THE AMERICAN PUBLIC. ( you may hate the war, but love the warrior) i believe thats an exerpt from the movie "we once were soldiers".. i'll keep in touch... martin spears...(no relationship to that crazy 'thing'.. BRITTANY SPEARS.)..LOL...HOOAHH!!

[vaf]

Martin, I'm sorry this is happening to you. The advice you received about the EEOC is absolutely correct. To file a charge of disability discrimination, you must complete the forms sent to you by the EEOC. You should also contact your state's Human Rights Commission, as the EEOC covers your rights under federal law, but the Commission covers your rights under state law.

Without filing an EEOC complaint, your complaint for disability discrimination under ADA and Title VII will not be considered.

You don't need a lawyer to file this complaint, but you do need to start writing down in clear and succinct terms what your complaint is. Give specific examples of the discrimination, cite names, etc. The EEOC doesn't want to know how you felt, what you thought, etc. They want to be able to judge specific and objective information, because they'll take your complaint and contact your employer to get their side of the story.

Don't delay on filling out those papers. If I'm not mistaken, you have 180 days from the date of the incident to file a complaint.

[Berta]

Martin- do you have a claim filed yet? Do you get VA comp already for anything-

did you post this info already? I could try to find it-

Does your claim include PTSD?

Are you getting any help from a doctor or a vet center?

Many vets here have PTSD.

PTSD is a normal reaction by normal people to a totally abnormal situation-

A great American commander once called war a Supernatural event-

I believe that was SLA Marshall in his book Men Under Fire.

EVeryone in the military in every century and every country knows what PTSD is.

It is not anyone's fault- it is a devastating byproduct of events that are severe and life threatening.

For this case under EEOC to succeed-your employer has to know that you have a documented service disability ---

You probably told us already what that SC is but I forget- sorry about that-