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Tina
Tina, Lawyer
Category: Employment Law
Satisfied Customers: 8183
Experience:  JD, BBA, recognized by ABA for excellence.
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I am a federal employee 2 years and was red as a disabled

Customer Question

I am a federal employee for last 2 years and was hired as a disabled veteran. I asked for flexible work place because of my disabilities and was told by my manager that he has all authority to determine if I am to be given accommodations which he had been refusing. In Nov 2015 Congress passed a new Veterans Federal Leave act giving new federal disabled vets with 30% or more disabilities the right to an additional 104 hrs of sick leave along with existing policy to provide assistance for them to deal with the VA mandatory appointments. I brought the law to his attention and he again denied me the right to have flexiplace a couple days a week. I filed EEOC complaint for discrimination and harassment which had turned into a hostile work environment because I had the nerve to challenge him and make the complaints. 48 hours later he began attempts to retaliate and right me up for leaving early when in fact I was making statement to EEOC in the building. I have a service connected illness for anxiety which has been exacerbated since the complaint and retaliation. I reported it to EEOC. EEOC is telling me I need to negotiate directly with the harasser which I consider a total conflict of interest since he is the one that refused my rights and retaliated against me. I reported the unsafe environment to OSHA and they agreed there was a conflict and EEOCs recommendation of negotiation with the harasser was not fair nor made any sense. They contacted my boss's boss and gave 5 days to respond. OSHA recommended I not return to work since I have provided all the legal documents and in writing requested at least interim accommodations. OSHA/DOL said to file with Workers Comp but that would cut my pay significantly. I am at wits end and can't believe they would treat a disabled veteran this way. I have no medical or personal leave. HELP!(###) ###-####Dan Hood MAJ (RET)
Submitted: 5 months ago.
Category: Employment Law
Expert:  Attorney2020 replied 5 months ago.

What is it you would like to happen?

Customer: replied 5 months ago.
I want the provisions of the law to be applied allowing my full access and compliment of all available leave types to include working from home which is specifically listed in the Veteran's Federal Leave Act be made availability. Allowing work at home benefits is also specified by the MLA-Master Labor Agreement of which all Federal Agencies are bound to follow where if you work 5 day week 8.5 hours a day you are allowed up to 3 days a week telework. (That is available for federal employees without disabilities). I refuse to be forced to deal with the firstline supervisor who has harassed me in front of witnesses who are making statements, verbally insulted and assaulted me, threatened me and after making my EEOC complaint and he was notified of Whistle blowing provisions 48 hours later began retaliating for which there were no grounds. There fore I refuse to deal with him especially given the fact he has openly denied me these rights although giving them to everyone else because they were in the Union and they didn't even have disabilities much less the protections of the ADA, Veteran's Disability Act or a host of others he has violated. It seems EEOC is now clearly trying to strike a deal and gain my agreement through the pure stress I am being subjected to. Reasonable Accommodations has an acting manager who does not know what she is doing. I gave her my Veteran medical diagnosis and percentage of disability which shows I suffer from chronic malignant melanoma, Anxiety as a result, TMJ magnified by cancer, 50% hearing loss, severe neck and back injuries to name a few. I l gave RA and EEOC a list of things I requested but it is clear retaliation will continue. I asked to be given my RA 3 days a week with lightening adjustment to attend VA appointments, get my leave back I had to use because of the way I was denied RA, reassignment due to the likelihood of retaliation and grade correction back to where I would have been had my manager downgraded me to where I was when I left OPM as a GS13-2 and at last minute was told my boss changed his mind and wanted me to be a GS12-8 because he felt he would have to rate me low because I was new compared to other GS13s. Then moved me right into the GS13 position and promoted the girl doing my job to GS14. OSHA told me not to go back to work until they protect you from this stressful environment I am subject to by my boss and multiple subsequent investigations. OSHA told me to apply for workers comp since they were advised by DOL and I provided required medical paperwork March 11 and still have not removed me into a safe location. I have asked my TMJ specialist to provide up to 90 day notice to home CMS that I should work from home due to the TMJ/Anxiety levels. I will send over the weekend so I won't have to take a workers comp pay cut.
Customer: replied 5 months ago.
You can reach me via cell(###) ###-####or Daniel.hood2011gmail.com. Everyone within the different government agree this is an outrageous way to treat a decorated disabled veteran which they knew fully I was disabled. I now have 0 personal or medical leave when the President and Congress recognized the quandary veterans such as me where experiencing. Thus you have the new Federal Veteran's Leave Act!! The actors involved have only been with the government 4 years and have never been challenged on their illegal policies and practices, I realize it may be 180 days for us to even get an opportunity to right these wrongs because they count on me going away or having a significant medical event that would cause me to give up. I am a single father of 2 with 80% disability service connected disabilities and can't afford to fight them. However, EEOC told me that next week when I make this a formal complaint, from that point on the Government would be required to reimburse/cover my outside legal expense. Just given my situation contingency agreement would be the only option for me. The good thing is that the number of violations are numerous and extreme and I have EEOC, OCS, DOL, OSHA, Civil Rights and Civil Liberties, Whistleblower provisions, Harassment in the workplace are all doing their own investigations. It would be an honor to receive any assistance and advice you can offer. JAG was unable to advise me because they don't do labor law. I look forward to hearing from you or anyone in your organization just to help stop the bleeding so to speak and encourage the agency to immediately change course and begin to accommodate my medical conditions and make right the damage that is having such a devastating impact on my and my family's life. All I have ever asked for was for that my rights and benefits of employment be provided. It is crystal clear that CMS and the management involved are now going out of their way to ensure the maximum stress, anxiety and discomfort be implemented to make me either quit or seek employment elsewhere if not completely with draw my complaint. I will attach just a sample of what I have to deal with, where the manager (ie. first line supervisor gave notice he knew I filed a harassment complaint and knowing full well I made it against him directs me to contact him with information on the complaint and any additional information. EEOC down played it saying it was a mistake that nobody expects me to report harassment to the harasser. 24 hours later the same manager quoted from this email and verbally reprimanded me for speaking to another employee (fellow veteran who I was talking to about veteran admin issues) which I believe he incorrectly assumed it was about him)
Expert:  P. Simmons replied 5 months ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

Different expert here..if you are looking for a phone call, I will send the offer along