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    • A bit about Tbird and HadIt.com for those who've asked...

      The following is on my About page, but some have been asking how this all happened. So here is my little story. Tbird US Navy 1983 – 1990 E-6 HadIt.com the website domain registered Jan 20, 1997 the domain is registered and paid for through Jan 21, 2023 at which time I plan to register it for another 15 years Lord willing and the creek don't rise. I guess the best place to start is Jan 1991; I had gotten out of the navy Dec 1990. At my separation seminar, there was a DAV rep Jim Milton he told us to bring our medical records in and he would look through them for us and let us know if we should file a claim with the VA. Well, bless his heart, he opened my medical file, reads the first insert, looks me straight in the eye, and says you will be 50% for the rest of your life and he would file the claim for me. 50% was for surgery I had in the service. True to his word he met with me and talked with me for a long time filled out my paper work and urged me to file for PTSD. I would not file the PTSD claim, nor even discuss it. By Feb 1991 I had moved to the San Francisco bay area and was staying at a friends apartment and pretty much I was just a puddle. In desperation one night I called suicide hot line, I had no job, no idea about going to the VA. They talked with me for a long time and explained to me that I could go to the local VA hospital even if I did not have insurance. Now, I know what you are thinking if I was 50% why didn't I just go to the VA in the first place, two reasons 1, this was Feb 1991 and the 50% didn't come till May and 2, even if it had come through it is unlikely that I would have had the mental acuity at the time to put the two together. I relate this here because it is where so many of our brothers and sisters are coming from, perhaps where you started. Fuzzy and unsure, in pain and sometimes homeless they come to the VA hospital for help. And that is where I ended up. Up to the pysch ward I went, blah, blah, blah, a few days later I was released with a promise of a call from the out patient program, which I would soon be entering. Blah, blah, blah, after many missed communications, and no call backs I was at the Day Hospital everyday M-F. And this brothers and sisters is where I began to learn and formulate my plan for HadIt.com. Veterans, veterans everywhere…I spent a year in the day hospital and about another year at a sheltered workshop before I got back on my feet. So I just talked to veterans everyday waiting for appointments, waiting for prescriptions, waiting for a vet rep and I started to learn the system. While in the navy I was data analyst and had to learn a 5 volume manual and just about anything you were suppose to do was in that manual. So I figured there must be a manual on how to do a VA claim or at the very least regulations. So I found out about the Code of Federal Regulations, United States Code, Veterans Affairs Manuals and so on and so forth. Of course this was 1991/1992 I was living in a tiny studio apartment in a particularly bad neighborhood, working in a sheltered workshop making a nickel per envelope I stuffed throw in PTSD and you will see that it was a difficult task for me to get somewhere where they had copies of these, let alone that they would let me look at. And there was so much knowledge around me, it was like the gold rush in those days, I could just sit on a bench a veteran would sit down next to me a little conversation later I had another nugget, I made copious notes. Phone numbers to call, ask for this guy or that guy he'll give you the straight scoop and they'd slip me a piece of paper with a number on it. You want to read this regulation or that one and another slip of paper into my hand. I spent a lot of time on those benches watching the squirrels they gathered their nuts and I gathered mine :) So I'm thinking I could put a little handbook together print it out and hand it out at the VA. Or perhaps fliers. Still formulating, time goes by, 1994/1995 I am being treated for PTSD regularly and doing and feeling much better and I go to work for a company as a marketing systems analyst and I discover the internet. Well let me tell you that was perhaps one of the most significant life changing events I have ever experienced. And I might add finally a positive one :) It seemed only natural to me that surely there must be a website that contained all the knowledge I wanted, well as it turned out not so much, lots of stuff but I wanted to get straight to the claims information and there was a lot of stuff to wade through to get to it. So taking my lesson from the squirrels earlier I started to gather, gather, gather…and learn HTML and work as a marketing systems analyst and work my claim. 1996/1997 major PTSD cork blows and unemployed. Working my claim, working the website. 20 Jan 1997 register HadIt.com domain name right after getting off the phone with the VA and saying I've had it with this. As fate would have it the old DAV board goes down just as mine opens up and folks start to wander in. So HadIt.com has two main components the website which supports the discussion board with links, articles, research resources etc. The website starts to grow, I can't tell you how many times I had to switch servers for space and features. I continue on a downward trend and in 1998 ended up back home in St Louis living in my sisters basement in therapy and working it, I swear I would have swung a dead chicken around my head at midnight naked if I thought it would have helped. The website continued to do great during this time, I just stayed in the basement bought new software, new books, and learned how to make things work and I continued to use this knowledge to make HadIt.com better. My 100% finally came through from the VA and I had a friend who is an advocate who helped me thru my SSDI claim, he was literally at my side thru the entire process and that came through for me. My therapist and sister continued to try and get me to leave the basement, but to no avail. At some point in 1998 or 1999 I put a counter on the website and was shocked to discover how many visitors we were getting. Time goes by my sister gets married and I move from the basement to the upstairs, there is much celebration that Aunt T is living in the light again. More time goes by and I settle into my life in St Louis and spend more time on the site trying new things, finding more information. 2003 I buy my own home VA loan. For years now I have just considered HadIt.com my job and I get up every morning go to the office and work for several hours, take an afternoon break and see where the rest of day takes me. I have a place in the office to use the computer and a comfortable to place to read journals and articles and take notes. Blah, blah, blah so that is my story and HadIt.com's intertwined.
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    • VA Training and Fast Letter Forum Index

      VA Training and Fast Letter Forum Index The following is the index with links to the various Training and Fast Letters plus a few miscellaneous. These letters are not necessarily in the original formatting. I have tried to present them in an easy-to-read form instead of some forms as originally presented. Some of the paragraphs were WAAAAYYY too long. lol - HadIt.com Member fanaticbooks Something to be aware.... Some of these letters may be rescinded, outdated, or otherwise no longer viable. I have still included them because sometimes they provide additional insight or just plain more information than the newest version. Use them wisely. The oldest letters will display at the bottom with the latest letters displayed at the top, all in sequential numbers. Coding of the letters... FL = Fast Letter TL = Training Letter First two numbers = last two digits of year of origin Training Letter http://www.hadit.com/forums/index.php?/topic/40694-va-tl-00-07/ http://www.hadit.com/forums/index.php?/topic/40693-va-tl-00-06/ Fast Letter Number Title http://www.hadit.com/forums/index.php?/topic/44262-va-fl-11-15/ http://www.hadit.com/forums/index.php?/topic/44260-va-fl-11-13/ http://www.hadit.com/forums/index.php?/topic/44261-va-fl-11-11/ http://www.hadit.com/forums/index.php?/topic/44310-va-fl-11-09/ http://www.hadit.com/forums/index.php?/topic/42151-va-fl-11-03/ http://www.hadit.com/forums/index.php?/topic/40957-va-fl-10-49/ http://www.hadit.com/forums/index.php?/topic/40958-va-fl-10-46/ http://www.hadit.com/forums/index.php?/topic/40959-va-fl-10-45/ http://www.hadit.com/forums/index.php?/topic/40960-va-fl-10-42/ http://www.hadit.com/forums/index.php?/topic/40961-va-fl-10-39/ http://www.hadit.com/forums/index.php?/topic/40962-va-fl-10-35/ 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Fired Due To Ptsd...should I Get A Lawyer?

10 posts in this topic

Posted

I need advice...and I'll try to keep this short. I was recently fired from my job after a meeting with my employer where I made him aware that I was suffering from PTSD. I am a 20-year honorably discharged retired Marine- retired in 2004, VA diagnosed with PTSD in 2005. A few days ago, I received a "severence package" in the mail. Basically, they are offering me about $2800 to keep my mouth shut (no speaking to the press, other employees, etc.) regarding my termination. They put all this in writing and gave me 3 weeks to accept it. The problem is that if I sign and return it I will also be waiving my legal right to sue. Fact is they knew I was receiving treatment for PTSD and fired me anyways...Isn't this illegal? Do I need to see a lawyer, show him their "proposed" severence package, and sue them or am I wasting my time. I really could use some good advice here. Can anyone relate or help?

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Posted

Get the letter to an attorney asap.

J

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Posted

You need an attorney. Don't delay.

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Posted

LC,

Don't signed a danged thing yet.

You will probably need legal representation from a firm that

handles EEOC and ADA claims.

I've sent a shout out to one of our members that can probably

provide some accurate guidance for your situation.

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Posted

Get a GOOD lawyer!!!! copy everything they sent.

I need advice...and I'll try to keep this short. I was recently fired from my job after a meeting with my employer where I made him aware that I was suffering from PTSD. I am a 20-year honorably discharged retired Marine- retired in 2004, VA diagnosed with PTSD in 2005. A few days ago, I received a "severence package" in the mail. Basically, they are offering me about $2800 to keep my mouth shut (no speaking to the press, other employees, etc.) regarding my termination. They put all this in writing and gave me 3 weeks to accept it. The problem is that if I sign and return it I will also be waiving my legal right to sue. Fact is they knew I was receiving treatment for PTSD and fired me anyways...Isn't this illegal? Do I need to see a lawyer, show him their "proposed" severence package, and sue them or am I wasting my time. I really could use some good advice here. Can anyone relate or help?

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Posted

I need advice...and I'll try to keep this short. I was recently fired from my job after a meeting with my employer where I made him aware that I was suffering from PTSD. I am a 20-year honorably discharged retired Marine- retired in 2004, VA diagnosed with PTSD in 2005. A few days ago, I received a "severence package" in the mail. Basically, they are offering me about $2800 to keep my mouth shut (no speaking to the press, other employees, etc.) regarding my termination. They put all this in writing and gave me 3 weeks to accept it. The problem is that if I sign and return it I will also be waiving my legal right to sue. Fact is they knew I was receiving treatment for PTSD and fired me anyways...Isn't this illegal? Do I need to see a lawyer, show him their "proposed" severence package, and sue them or am I wasting my time. I really could use some good advice here. Can anyone relate or help?

Well, you have not stated if you were fired with cause. If you look at the termination papers they should give their reasons for the termination. Many states, like Texas, have a right to work set of laws, which basically means you can be fired for any reason or no reason at all. Other states have more protection for the average joe. In any case, it is very hard to sue a former employer and win unless you have some pretty good evidence you can use.

I am not an attorney, but do suffer from PTSD. I worked many years in the high tech arena and have lost many jobs because of my PTSD. Absolutely none of the positions that I was asked to leave ever cited my PTSD as a reason. The fact that they are offering you a severance package speaks pretty good for the firm these days.

The choice is yours and I wish you luck in the future. (PTSD is a gift from your service that keeps on giving!)

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Posted

they knew I was receiving treatment for PTSD and fired me anyways...Isn't this illegal?

The fact that you are receiving treatment does not disallow them from firing you. It depends on the specifics. If there were previous behaviors that you feel were caused by your PTSD that you engaged in at work that created a hostile work environment or resulted in your not being able to perform your job duties there could easily be cause for termination. The fact that you feel the behaviors were caused by PTSD does not mean they are required to accept your opinion. However, if they are terminating you because they feel there is an implied risk keeping an individual diagnosed with PTSD on their staff then they are asking for a wrongful termination suit.

Check on the Americans With Disabilities Act. Find out if the employer is large enough to be required to comply with the ADA. Also, find out who is handling the charges under the ADA. It used to be the EEOC.

If they terminated you without telling you a specific reason then getting an attorney might be the only way to find out why they terminated your employment. I would not pay any significant advance fees to the attorney. When I went through this I found an attorney who accepted the claim on a fee/contingency basis. I was terminated because the employer did not want a person who was disabled working in the department that I was in. The employer later ammended the cause for termination. I spent six months battling the employer under the ADA and did not get a dime. The EEOC ruled that the employer did not violate any laws when terminating my employment.

In this state misconduct at work usually disqualifies an individual for unemployment insurance. Talk to your doctor and file either for unemployment insurance or state disability insurance. If your doctor feels your PTSD caused your termination you should be eligible for state disability insurance. It depends on what state you are in.

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Posted

In addition to what others have said - - firing a veteran for a service connected disability is cause for an employer to be barred from government contracts.

I'd also suggest that you get a lawyer asap. $2800 seems quite low, however that may depend on a variety of other factors, such as how long you worked for the company, rate of pay, etc.

There is quite a variance between states as to labor law. The state I live in is an "at will" state, meaning an employer can fire without reason at any time.

I need advice...and I'll try to keep this short. I was recently fired from my job after a meeting with my employer where I made him aware that I was suffering from PTSD. I am a 20-year honorably discharged retired Marine- retired in 2004, VA diagnosed with PTSD in 2005. A few days ago, I received a "severence package" in the mail. Basically, they are offering me about $2800 to keep my mouth shut (no speaking to the press, other employees, etc.) regarding my termination. They put all this in writing and gave me 3 weeks to accept it. The problem is that if I sign and return it I will also be waiving my legal right to sue. Fact is they knew I was receiving treatment for PTSD and fired me anyways...Isn't this illegal? Do I need to see a lawyer, show him their "proposed" severence package, and sue them or am I wasting my time. I really could use some good advice here. Can anyone relate or help?

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Posted

Was this a private or public employer? Big difference if it was a public employer!!!

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Posted

YOU BET!

As Hoppy said:

"Check on the Americans With Disabilities Act. Find out if the employer is large enough to be required to comply with the ADA. Also, find out who is handling the charges under the ADA. It used to be the EEOC."

My husband won the first ADA case here in New York.

I did all of the legal work for him.I filed the case the very same day that ADA became law.

It wasn't a case of being fired however- it was a federal contractor bound by not only the ADA EEOC but also the regulations in 38 2012/2014 as to hiring and retaining disabled veterans.The company had laid him and others off and then did a recall without calling him back.

We had extensive documentation generated by complaints he had filed under the Vocational Rehabilitation Act with the Department of Labor.

I used FOIA a lot and got,by accident in the FOIA response , a very sensitive internal document that proved the company had discriminated against him on the recall by referencing manifestations of his PTSD.The document said he had gotten abusive and violent with a co worker.

FOIA only works with the federal Gov but this employer,due to his multiple discrimination complaints filed with the DOL,and their responses, was part of the DOL packet I received under FOIA.

In other types of employment you could use the Privacy Act to request any documents they have regarding this termination.I cant guarantee if they will honor a Privacy ACt request but a lawyer could get what they have.

He told me the charge of violent behavior was not true and that his excellent performance appraisals showed that.I certainly believed my husband as he had fought them for 3 years via DOL to even get hired.Their hiring record of disabled veterans was below one % of all new hires in a 6 year period.(one hired -1 % and then this vet left the company r got fired ???- less than 1 %)

I called the woman whose signature was on the critical document and she said she didn't even know who he was and denied the statement

Still the statement indicated he had created a "hostile' environment when the reality was the company had created a hostile environment by failing to recall him.

They had to make a cash settlement under ADA. They could not recall him however as he had suffered since this case began a Section 1151 38 USC stroke due to VA malpractice.

Loose Cannons case is similiar to that of a Navy Seal I know.He worked for the same federal contractor my husband did.His leg had been blown off in a river maneuver in Vietnam. They knew he was a disabled veteran.What they didn't know was he also had PTSD.For some reason his VA shrink told him to share that info with his employer. He did and they canned him with a trumped up sexual harrassment charge.

He was unwilling to obtain a lawyer and he should have as he was months away from 20 year retirement with this company when they canned him. I helped him prepare the legal EEOC papers and we even got to the point that they were going to dispose him.They would not let me attend the deposition because I am not a lawyer but I told him what to expect and we went over the case for hours the day before the deposition.

He never showed up for the deposition and lost by default.

These cases unless you have a strong legal background yourself- DEFINITELY require a lawyer.

There is plenty of info on the net regarding unlawful termination and the regs that apply to federal gov and federal contractors or any employer falling under the ADA.

An Employment discrimination lawyer might give you an assessment of your chances and a tenative fee via their site.I would think they might take a case on contingency.

Meantime you might want to obtain a copy of your personnel file.

"Fact is they knew I was receiving treatment for PTSD and fired me anyways...Isn't this illegal?"

They had to have good cause to terminate you.That statement does not give us enough info to know if it was illegal.

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