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

[Guest terrysturgis]

Martin, I agree with LarryJ. I am an elected official and when the media talks to me I act like an attorney. Let them ask a question, take a deep breath and think the answer before speak the answer. They like you to answer before thinking as it make great news stories for them. And as mentioned, what you say will be printed and it can come back to bite you.

What scares me most is when my wife says "I said something stupid". Any media is a two sided sword. Take care and good luck. Terry Sturgis

[martin]

great advice everyone. i will not say anything thats going to bite me in the ass later.i have testified in criminal courts, and realize that you need to take your time before you speak, because you cant recant your statement. i have been daignosed with PTSD through the V.A. (GAF score 50)and am currently under treatment and on medication. thats what started this whole "gaggle f*&^." with my job..my packet is at the rating board now, (since Dec 8th,2006) still i havent heard anything. i call the 1-800 #, and i'm either told its going to be in a few weeks, anytime now, OR last week i was told it'll be a few more months...who knows? i'll let everyone know how it turns out. the reporter will be here in about 3 hours. my wife is included in the interview as well...martin

[Berta]

I hope the VA decides for you soon-

because the EEOC, ADA or whatever- needs documentation of established disability in order to consider you as an American with a Disability (ADA regs)

And DOL if you have to take that route (affirmative actions regs for disabled vets ) also needs with the initial complaint- proof that you have a service connected disability- we had to send them Rod's VA award letter wth the first complaint he filed with US DOL.

[Berta]

I hope the VA decides for you soon-

because the EEOC, ADA or whatever- needs documentation of established disability in order to consider you as an American with a Disability (ADA regs)

And DOL if you have to take that route (affirmative actions regs for disabled vets ) also needs with the initial complaint- proof that you have a service connected disability- we had to send them Rod's VA award letter wth the first complaint he filed with US DOL.

There is another point I need to make-

you must prove the employer was fully aware of your disability-

you might need buddy statements from your co workers on that-

as it stands, the employer can mitigate their damages by saying they were unaware of your disability and therefore could not accomodate it or offer affirmative action etc-

The EED -earliest effective date- of any VA SC award you get can be critical to your discrimination complaint-

but the fact remains that the employer cannot be charged with disability discrimination if they dont have proof of your disability.

I suggest you watch Philadelphia the movie if you can- this was based on a true story of a man with HIV aids who tried to hide this fact from his employer but got canned.

He won his discrimination case against the employer -a law firm-

watch the part where Denzel Washington (one of my favorite actors) asks Tom

Hanks about the Vocational Rehabilitation Act of 1974.

Music to my ears- this Act was also what my husband finally won EEOC case under-

It applies to every disabled veteran as well as the man with Aids.

The lawyer had to prove that the law firm suspected Hanks had Aids,

and suspected that he was Gay, and thus canned him erroneously by saying he made a big error on a case he handled for them.

They proved that.

Under Voc Rehab Act Hanks character won and these days he would have won under anti gay

discrimination regs too as well as the Voc Rehab Act, of 1974.

This stuff is not for the feight of heart.

It took us many frustrating years to fight US DOL and the electric company only to have the EEOC award in a matter of a few months-

Lots of documentations, FTCA letters, phone calls, trips, evidence gathering-

I did this all because my husbands PTSD was getting worse and he couldn't do it.

EEOC can read. But US Dept of Labor doesnt give a hoot in hell about veteran's complaints under Voc Rehab, VEVRA Act, or any other discrimination case-in my opinion. Although they are the investigative authority on DOL complaints (I have plenty of documentation to support what I said here too)

Edited March 7, 2007 by Berta

[Toposurveyor]

Martin,

My heart aches for you. I can in no way imagine the dificulties you are experienceing. But on one fact you are wrong. YOU ARE A hero as far as I am concerned. You answered the call to duty and did your job. One difference I can note is that when I returned, nobody really wanted to talk about my service in VN. Even the fact that I was back at a civilian job of surveying, when I tried to relate some poblem or project to surveying in VN, the subject was quickly changed or ignored.

You have chosen a good place for information. I wish you good luck. Please keep us informed.

Ed

[tdak]

hello.

I have been reading all the posts, wow some were doubled, tripled etc. That was weird. In any case, Martin, I wish the best to you and listen to the great advice you have been receiving. Things will work out in the end. Definately be careful in what you say and definately don't be ashamed of your PTSD. Remember you are not alone in this fight, we may not be right next to you, but we are here to support you.

Good luck and keep us all updated.