Legal Advice?

Mental Health Autism & Learning Disorders
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1

Hey all,
Just wondering what ya'll'd do in my situation.
I was fired from work and then re-hired two or three weeks later at a lower paying job.
I am out of meds until my insurance kicks back in on July 1rst.

I've been on them for about a month and half and don't know how I'm going to react to the withdrawls.
I am still under my 90 day "trial period" and could very well be fired again.

I filed a complaint(see journal entry "work issues") with the company and made it all the way up to the regional manager who told me that I was fired because the general manager didn't think the counseling was working.

Counseling I didn't need before they removed my accommodations after a virtually trouble free two years.

In other words I was fired for a disability no longer deemed convenient to one or two individuals.

I believe I was discriminated against and bullied.(bullying is now considered criminal behavior in work places in the State of Washington)

I really feel they should be called to task on this one....as most of the people fired while I was there all had mental disabilities.

Thoughts,comments,advice?????

2

1-800-553-4539 is the technical assistance hotline for National Mental Health Consumers Sel Help Clearinghouse where they help with a host of issues including advocacy and dealing with discrimination.

perhaps this might help

www.washingtonlawhelp,org and www.nwjustice.org are two online sources of free law information for Washington state.

I really hope this helps,
please keep us posted on how you continue to fare...
warm wishes
sun

3

i am sorry, i forgot to address something... i feel very strongly about discrimination in the workplace- well, anywhere. discrimination is the result of hubris, ignorance, and fear. we all must together strive to peacefully end the ignorance and keep stating the facts until they sink in, because they will sink in. you are not alone in this fight and many people know the anger and frustration of the ridiculous predicament of having to defend oneself against ignorant authority figures. the more you are armed with information and facts the better off you will be...don't give up!
warm wishes
sun

4

Thanks Sunshine.....you rock!

I will definitely check these out and keep my results posted.

I am absolutely determined to fight this. The soldiers I served didn't give up and neither will I. This is where I make my stand!

Thanks again...it's much appreciated.

5

Hey Sunshine,
Just caught your second post here.
I too feel strongly about things like this. I even told them it would go a long way in calming me down if I knew that I would be the last to have to endure this.

Once the meds and therapy have got me somewhat stable I'm going to join an advocacy group of some kind.

I want to end mental disability discrimination......everywhere, not just in employment.

I want to end production line psychiatry or rename it what it is-"psychopharmacology". A 45 minute assessment doesn't even begin to scratch the surface.

I want the non-relevant portions of a psychiatrist's education removed and more industry specific education to replace it.(ever ask your psychiatrist about a twisted ankle?....they're trained to do so.)

I want more mental health options in schools and prisons-lets actually allow mentally disabled kids to "prepare" for the real world and actually "rehabilitate" mentally disabled convicts.(of which the majority of them are)

I want therapists licensed to prescribe psychotropic drugs in areas where access to mental health care is limited or where the mental care is too understaffed to be effective.(e.g.. big cities)

I want more options for the working poor(like me) who cannot afford mental health care and are disqualified from public assistance because they're working.

I want the world to know that we are a good investment, we are productive citizens, and that we are proud and capable.

That we are not lunatics, witches, or demonically possessed.

That we are not stupid, ignorant, or lazy.

That they could wake up one morning and find themselves marching within our ranks.

O.K......I've ranted myself into a tizzy. :)
Time to go and guzzle a gallon or two of Sleepy Time tea and kick'r down a notch.

Thanks for your time Sunshine

6

dear poet, i wish you well in your fight against the all too prevalent discrimination on the mentally ill. it is rampant in any state and if the numbers Sunshine gave you can help that is awesome. you might want to check out NAMI the national alliance for the mentally ill, they have a website and can hook you up with your areas local. i don't know if she mentioned that one or not. they can be very supportive in general. i will keep you in my prayers.

all my best to you, with hope and faith and kindness. you mentioned you serve soldiers, my son is a soldier and a troubled one too!

a prayer friend

7

Thanks Stanisz!
That's a new one. Gonna be digging through it for sure.

My old job was as an inspection clerk for the JBLM (Ft.Lewis) Central Issue Facility. I handed soldiers their training gear and some of their "battle rattle".

I'm sure your son can attest to this, but next to combat, CIF is the single most miserable thing a soldier has to endure.
He/she gets gear he/she doesn't want and will never use and has to return it, literally, cleaner than he/she got it...and cannot clear post without it being accepted....and under time penalties and missed plane flights.
And if it is lost,stolen, or damaged the soldier has to pay out of pocket.
Add a minimum of an hour wait for all of this and you've got a recipe for ill tempers.

It is miserable.

My job...the part I was most proud of, was to make the experience less miserable.
I know first hand what it's like to be screwed over and I would communicate this to the soldiers.
The responses would range from remarkable to barely noticeable but the end result was always the same.
They listened to the tips,tricks, and advice I was actively accumulating for them, and they'd return without a ranking escort, take care of what they needed to take care of, and without ending up on the bottom of a pile of MP's.

Tward the end of my employment my coworkers would pawn the onery ones off on me, knowing I could keep them calm 'till they got through the line.
I wanted to be that one guy who dealt with them squarely that day. And maybe, just maybe, with all the visible cases of PTSD, the one guy who's understanding and respect prevented a major catastrophe in that soldiers life.

My coworkers would endure verbal abuse once or twice in a week.
I endured it twice in two years.

When I handed the stuff out I only gave them the cleanest items in the best condition that I had on hand...and would often make a show of discarding unacceptable items.

And if they were deploying to a combat zone and I didn't have the item on hand, I'd literally run the 50 plus yards to the warehouse to get it for them and then back again.

My coworkers did not do this, nor were they expected to do this, and, like me(without effect), would've been discouraged from doing so.

I did all of this regardless of their rank....buck Privates to full bird Colonels.

I always laughed and joked with them. I came in early to make their coffee and stayed late when that last guy didn't quite make it on time.

I went out of my way to show them kindness.
To show them that all the yellow ribbons and bumper stickers weren't just a decorative fad or some guilt left over from the Vietnam War.

That what they did mattered and was important to at least one civilian they'd met.

I will forever know them as "My Soldiers".

The doctors said I wouldn't be good at this kind of job...and five years ago I would have agreed with them.
But my love for these men and women began as a child and I was determined to serve my country, to be a part of our proud history, and answer my grandchildren when they asked me "What did YOU do during the war Grandpa?"

I was good at my job. And for two years they told me so.

K...um gettin a lil' weepy

Thanks for listening

8

wow, did not know you are/were a soldier. Good Job, and Thank You.

Stanic is right, NAMI is a good place.

Wait, do you have any vet resources pulling for you? i know, that is whole nother kettle of fish and nonsense trying to get help out of them, but from what i have seen it means contacting the *right* person and getting the right website from that person. that's what i have seen for my hubby...jus wondering if and how you are connected.

warm wishes
sun

9

425-885-6264
www.nami-eastside.org

NAMI eastside had a man (volunteer) who was trying to recruit people to help educate the judicial community about why it was so important to have a Mental Health Court seperate from the regular courts because of the special needs and requirements of this group. I wanted to help, but I have some pretty severe social anxiety that gets in the way. i don't know the status of his endeavor (i heard of it last year), but this sounds like something that might interest you.

hope this is of some use to you
warm wishes
sun

10

wow poet, you deserve to be recognized for what you did and i am glad you brought it up online on the support groups. you could have been my soldiers man! he did not come out of Ft. Lewis he was in Ft Richardson though. he deployed 5 times throughout 10 years of service and during his 3 years army went to Iraq once and trained to be Airborne but injured his back and didn't deploy with his unit. his is deeply troubled and in trouble right now as we speak in jail for making trouble at the funeral home when his dad died and for desertion when they wouldn't let him out to be with his dad when he was dying. he has PTSD really bad and suffers from a lot of other stuff probably undiagnosed. i am devastated. but all i can do is pray for him and stay in the prayer and keep on praying thats all and i will keep you in my prayers as well and all the soldiers and others as well. this is my mission in life as i am unworthy to do much else.

all my best in hope that you have a good case for yourself and faith that it will be strong and you will win it, the army can be fair. your prayer friend

11

Hey Sunshine(I like that name)

I unfortunately am not in the military....I wanted to be though.

I tried once but they said they no longer needed screaming bayonet charges or the questionable mental health of the soldiers who led them.(I was rejected for mental illness).

What I was (and still am though at a lower wage) is a Federal contractor.

The company I work for is required to have a work force consisting of 75% disabled employees in order for them to bid on the various contracts.

They advertise and actively recruit people with a wide range of disabilities.....disabilities that they readily admit to knowing nothing about.

Their "sensitivity" training consists of a 20 minute video which gives an elementary (e.g.. obvious) overview on how not to behave in front of blind or deaf people narrated by a mentally retarded host.
No mention of internal damages, mental illness, or other non-visible disabilities is made.
This is it, the training for everybody...the president of the company included.

The company has hired a few showpieces. One is an elderly lady who uses a walker, an autistic kid with muscular atrophy , and a mentally retarded kid with an escort who changes out the garbage a couple of times a week.
There are quite a few with dubious disabilities(lifting boxes all day with claims of bad knees/backs) and those of us with genuine disabilities.
Aside from me and the showpieces, I saw no one else receiving accommodations.

It kinda left me with the impression that I was there to fill a quota until it became an inconvenience.

My new job is being a janitor. The folks there are rough cut and foul mouthed. The type of folks I was used to dealing with back when I worked concrete construction.
I can deal with it, but don't like the idea of having to hide my disabilities again to avoid ridicule and persecution.

It's no too bad of a gig I guess. I still get to interact with my soldiers on a limited basis.
I'm a little proud of the fact that I get to scrub the crappers of the Warrior Transition Battalion.....the soldiers who are being taught to live with their "newly acquired" disabilities.
True heroes....every last one of them.

Anyway, I could rattle on about my soldiers for hours(or until your eyes cross) so I'll cut this short and just say that even if I don't get my old job back then at least the prospect of public disgrace, and the hassle of a lawsuit will prevent them from ever doing this to anybody else again.

12

Thanks Stanisz,
I hope this might inspire others to simply look a soldier in the eyes and utter the words "thank you".
It's seems an unlikely thing to do...to show kindness to someone trained to not show it him or her self, but they are still human beings and some of the responses at being recognized might surprise some folks.

The military is getting better at taking care of their own...though still not perfect.
I think this is where Sunshines' advice of finding the *right person* really comes into play. Unfortunately I know very little of the military judicial system. But like you said the army can be fair.
Hopefully his prior record and number of deployments might be able to be presented in his defense, and the charge of desertion be dropped to absent without leave. Still not'ny fun but a little more do-able.

I pray he makes use of his VA benefits. It sounds as if though he's already over paid his share and he needs to collect what is owed to him.
And I hope you find the help you need...I couldn't even begin to imagine what it's like to to be the mother of a soldier son.
A strength only a mother could conjure up.

I read a book once that kinda makes me think of you. It's book by Stephen Pressfield. "The Gates of Hell" or something like that. A typical ancient Greece war novel. His take on the story of The 300.
Except at the end the King of Sparta is asked why he chose the soldiers he did, why he didn't take his strongest or his bravest.
His response was something to the effect that he chose the soldiers to march with him based not on their skill or prowess but based on the strength and durability of their mothers and wives....the people who would rebuild the nation should they fail.

I dunno it just popped in my head just now and I thought of your situation.
Maybe God is thinking you're stronger than you see yourself at the moment?

Anyway, I have been praying for you and your son for quite a while and will continue to do so in an even more direct manner.

Oh! by the way you can add "listening", "understanding", and "loving mother" to your list of "worthy" missions. :)

Thanks for listening and for the prayers

13

oh poet, i see you are working with the WTB that is where my son was before he left the army albeit without leave. how special for you. that is a real place to be. they are special men and women there i heard a lot of their stories and they are marvelous some of them are really hurting and need all the care they can get. you are special to work there and i admire all your service for our service men and women thank you.

and bless you and thank you for your prayers and words of comfort to me. i shall never forget it and i will look up that book as i am an avid reader. i am trying to be supportive of my son without condoning what he has done. the military would like to come and get him but the jail will not release him for whatever reason unknown to us at this point in time. you have had the strongest words of consolation to me, i guess because you are military minded and this makes a big difference, you know what to say, not that others haven't also been kind and supportive also. thanks for being there all along and being the backbone to soo many of the men serving and now the broken heros as well.

i hope you can keep your job and as long as it takes i will keep praying please keep in touch and let me know what happens and i will do the same,

your prayerful friend, maria

14

dear poet, i thank you again for hanging in there for our wounded warriors and for not giving up when it would be so easy in your case. i do go up to the men and women in uniform whenever i see them and say thank you. when i was on base with my son there was of course quite alot. it was a very rewarding experience and even though i am upset with my son i still thank him for the service he did do for all those years.

my daughter is working on his case and she is trying for the military to get him out of the county jail to get him released to the military. my daughter in law is haveing a baby in August and needs him to be able to provide for her asap. this is a mess that he created and i think that i will write him a letter to let him know i am praying for him and a speedy release. but it is hard i am so dissappointed in him and his behaviour over the last 6 months.

i wonder how your case is going? have you had any movement lately? do not give up. keep plugging away taking it step by step, inch by inch and let us all know as the case progresses will you?

all my hope in your resolution and faith in the people working with you, with loving kindness. remember, our God is great and can set right all things. a prayer warrior praying for you.

15

if you have an honest to God disability, there is a group who handles nothing but disability lawsuits for free. it has been awhile since i have looked them up though. send me an email if you think this is something you want- no gaurantees- they decide whether they can help the individual or not, but they dont leave you hanging, they try to help you with more information. it is a good group. if i am just butting in where i am not wanted= apologies. you have an interesting story- just wanted to help a little.

16

I know exactly what you are going through. I have been a school teacher with the Hawaii Department of Education for the last ten years and I have worked with kids for 20 years, since I was 15 starting as a summer counselor at a boys and girls club, as an Educational Assistant for disabled children. I have been an Easter Seal Family Friend Volunteer. I have volunteered the at the Family Support center a halfway house for abused kids. I taught art lessons with the Lahaina Arts society, an art program for underprivileged kids. I worked with Kihei Youth Center as their snorkel club leader. Every job I ever had was working with kids. Five years ago I was diagnosed with bipolar disorder and this information was leaked to the staff at my school and gossip spreads like wildfire in an elementary school. Suddenly I went from being the lead art teacher, the organizer of the poetry festival and the 5th grade economics fair to a pariah who many people did not think was fit to work with kids. This, even though my students always had the highest test scores, I had never been written up for anything and I had so many parent requests they no longer allowed them in the 5th grade at my school. I know I am I great teacher, no one needs to tell me. When my beloved principal who knew about the condition but always supported me retired, the new principal moved me from 5th grade where I had always taught to Kindergarten and gave me the inclusion classroom and said I would co-teach this class with a new sped teacher. Little did I know she has told this teacher to log my behavior. This is a violation of Federal Law 504, Hawaii state Privacy Law and my teaching contract. in March I had had enough harassment and I filed my separation papers with the DOE and reigned giving them what they wanted. Don't make the same mistakes I did. Contact you local Equal Opportunity Employment Office, you can get their 1-800 number at 411, I'd call for you but I don't know what state you are in they will get you the paperwork to file a grievance within a week and they will protect you from any further personal action at your job while this is going on, you have 300 days to do this under feral law 504, Persons With Disabilities Act. Contact your union if you are a member of one and file a grievance with them as well. Find out if your state had a local NAMI chapter, they can tell you of any lawyer that will take your case pro-bono. Don't throw away your career like I did. This was my tenth year teaching next year I would have been vested which is when you are half way to your first retirement step and the state starts matching what you put into retirement. Act now, best wishes, Sam

17

I hope you don't have any withdrawal problems. I am on a medication called Effexor and if I forget to take a dose I get electric shocks in my brain. Its not painful but it is really annoying.