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Disability Discrimination At My Job

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martin

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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

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well, thanks to everyones advice...heres what happened with the interview. i called an attorney who asked me to come in for a free consultation 3 hours before i was to speak out. she suggested that i dont do an interview. its not going to help you, all its going to do is either make your employer mad, or intimidate them. she said sure you'll get 15 minutes of fame, but thats it. i was told that i did need to make a request to my employer to be placed into another assignement. i called, i asked, and guess what? they put me in a dispatcher position so that i can finish my retirement. the only thing is, i have to take a 10.00 hr paycut. i called the newspaper to say that i'm not interested at this time, but maybe later. SO, that worked out well i suppose. i contacted the 1-800 # to check status of my claim today. i was told that it was sent to the 2nd rater yesterday (March 7th). hopefully not much longer on the V.A. claim...thats the update. anything else comes up, i'll let everyone know. i was thinking..do i have to take a paycut??? martin

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  • HadIt.com Elder

Martin,

With what you just posted, and what was posted before........Keep the EEOC claim churning, contact USDOL, and file the complaint.

So they will give you another position, that does not excuse the $ 10.00 hour pay cut, you have a good claim and you should persue it.

Do yourself a favor.....buy some gold and silver! The printing presses are in overdrive.

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thanks J.R....i will. i am still awaiting the EEOC paperwork that was supposed to be sent out last week, but i guess their as slow as the V.A.when doing anything..(government and all).. i'll see if its legal for my job to give me a paycut..its not like they cant afford it. there are over 5000 employees that work for Harris County Texas. gotta do something ....i'm not concerned for myself, but my family..especially with 4 kids, i need the medical insurance for them...martin

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Looks like Harris County Texas has been sued before:

http://www.usdoj.gov/crt/emp/documents/harriscountycd.html

"The United States further alleges that H.N. McElroy, in his official capacity as JP 4-1, discriminated against Pearlene Evans on the basis of race and sex in violation of Title VII of Section 703(a) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e-2(a), by constructively discharging her"

Basis - race and gender

"Defendants have offered Plaintiff-Intervenor Pearlene Evans the amount of $90,000 (consisting of $14,500 in backpay, $500 in interest, $60,000 as compensatory damages, and $15,000 as attorney's fees) and other good and valuable consideration in settlement of her claims in this case, which Ms. Evans has accepted. Ms. Evans has indicated her acceptance of the Defendants' offer by executing a document styled "Release, Hold Harmless and Indemnity Agreement" and a Motion for Dismissal with Prejudice, which is being filed with the Court by Ms. Evans' counsel on behalf of Ms. Evans as Plaintiff-Intervenor. The United States does not seek any further relief for Ms. Evans. "

90 lawyers sued this county too under age discrimination laws and other suits are mentioned here too:

http://www.bracewellgiuliani.com/professio...etail.asp?ID=49

such as:

"Jennifer Waymire v. Harris County, 86 F.3d 424 (5th Cir. 1996) - Sexual harassment lawsuit against the Harris County Sheriff's Department. The plaintiff, a female deputy, alleged a male deputy ordered an inmate to draw a pornographic picture of the female and then passed the picture around at roll call."

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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  • HadIt.com Elder

Berta,

nice work........Uhhh I see a pattern here.......Hello......Martin, you should realy contact one of the lawers that rept the plaintifs.

Do yourself a favor.....buy some gold and silver! The printing presses are in overdrive.

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Jeff is RIGHT:

"Martin, you should realy contact one of the lawers that rept the plaintifs."

The local VA used to discriminate-

the place was full of relatives and friends of employees.

I had a personnel director there canned.

It was blatant discrimination and I would not stand for it.

The VA appeased us by giving Rod a job in their dietetics division-

because they gave the job he was qualified for-and had applied - to a relative or friend-

The VAMC Director told us he would make sure Rod did get proper interview etc when anything in Engineering or their fire dept turned up-the dieteics job was only a temporary job until that occured.

The personnel director was canned based on what I complained about but then unfortunately the VAMC director -who fully saw that discrimination had occurred-disappeared too-

Edited by Berta

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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