My Intro Before Seeking Advice

[mmcphee7117]

Hey all. Just signed up as I am in need of advice and found this site on google which seems great. I'm currently 60%service connected after a tour in Iraq in '05 (USMC-0311). Anyway, I'm about to lose my job after being overly honest with the VA. They made me go inpatient for a week after expressing some suicidal ideation. I then made the mistake of being too honest and talking about some homicidal ideation I had. Then on the day I was leaving the hospital they called my employer to inform them about some of the thoughts I had expressed because they were required too by law.

So I'm a bit stressed in that this situation is something I know nothing about. My employer isn't going to let me return to work and I can't outright quit because I won't qualify for unemployment. I'm currently on admin leave trying to figure out my text move. I don't know what kind of rights I have in this situation. My employer keeps using the term "release" when talking about terminating my employment. I don't know if that means "fired" or "laid off" and how that will qualify with unemployment benefits. And unemployment benefits also require that you be "mentally fit for work" in order to collect while you look for a new job. So I don't know how my story is going to look to them when trying to collect.

Anyway, I"m just venting a bit and hoping to find some people on here who may have some experience in these matters as it is very stressful and no one at the VA or my current place of work seems to know how to best handle the matter.

Hope that is an ok intro....I'll place the story in other thread later if this one isn't appropriate.

 

[BaMuoiBa]

Welcome Marine - Semper Fi

WTF is the VA doing calling your job?

I'm no expert on UI but if you are near a Vet Center I would give them a call if you can.

Someone else on the forum may be able to shed more light on the matter stay tuned.

Ba

 

[Raven]

They had no right to snitch unless they felt you were an imminent threat. Just sharing some vague thoughts to a psychiatrist does not make you an imminent threat. I'm sorry that your right to doctor-patient confidentiality was grossly violated like this. It makes me lose more faith in the VA system than I already have.

I think your next step is to contact a labor and employment lawyer. What state are you in? I have family in that field and he's a huge advocate for veterans. Shoot me a PM.

And despite the lousy circumstances of your joining, welcome.

 

[mmcphee7117]

They had no right to snitch unless they felt you were an imminent threat. Just sharing some vague thoughts to a psychiatrist does not make you an imminent threat. I'm sorry that your right to doctor-patient confidentiality was grossly violated like this. It makes me lose more faith in the VA system than I already have.

I think your next step is to contact a labor and employment lawyer. What state are you in? I have family in that field and he's a huge advocate for veterans. Shoot me a PM.

And despite the lousy circumstances of your joining, welcome.

Well I guess they weren't just "vague thoughts" but it also wasn't an imminent threat and by the time I was leaving the hospital it was a non issue but they said they were bound by law to inform my workplace. I understand where they are coming from to a degree but I think they took the law and/or thoughts I conveyed a little too seriously. Really frustrating.

I actually just spoke with my work and they said I'm on "paid admin leave" which is reassuring. They are going to investigate the situation but I don't think I'll be welcome back after that, which is fine. I at least know i have a bit of time to look elsewhere for work.

I'm currently working/living in NH but will be moving back to Mass after this is all said and done with. Need to be closer to family and friends.

Thank you for your reply. I appreciate it.

 

[mmcphee7117]

Welcome Marine - Semper Fi

WTF is the VA doing calling your job?

I'm no expert on UI but if you are near a Vet Center I would give them a call if you can.

Someone else on the forum may be able to shed more light on the matter stay tuned.

Ba

Thanks for the reply. Yeah I need to find some advocates to talk to for sure. I understand why they informed my job and don't necessarily think they were in the "wrong" but I also don't think it was absolutely necessary...it seemed like more of a "let's cover our own asses and just tell his work just in case" sort of deal. What pisses me off the most is that they told me like an hour before they discharged me that they were going to do that and that their social worker was not in today (because of snow conditions on the roads) so I couldn't talk to anyone about my rights as far as work/unemployment goes. I've been home for a week now afraid to go outside and spend money because I could have no income as soon as next week. Fortunately I just found out (literally 20 minutes ago) that I'm on "paid admin leave" so I don't have to worry about the immediate fiscal future and can focus on looking for new work/contacting advocacy groups and whatnot.

Thanks again for your reply.

 

[Jimmy1]

Welcome mate, what do you do for a living now? If you are in law enforcement and carry a weapon I can understand why your psych contacted your workplace, but it should not make a difference to any other workplace unless you threatened to stab your boss in the throat with a pen or something like that.

I know after I got back from Iraq in early 06 and they put me on med leave, they banned me from going anywhere near a weapon or any type of ammunition/grenades, and stopped me driving military vehicles. I did not think I was that bad. There have been instances here in Australia where the psychs have contacted our Transport Department and have civil driving licences squashed.

Don't they understand that we are little kittens unless someone pokes us with a stick.

Maybe if push comes to shove you could apply for some sort of disability pension, that's if they think you are so unemployable.

 

[mmcphee7117]

Welcome mate, what do you do for a living now? If you are in law enforcement and carry a weapon I can understand why your psych contacted your workplace, but it should not make a difference to any other workplace unless you threatened to stab your boss in the throat with a pen or something like that.

I know after I got back from Iraq in early 06 and they put me on med leave, they banned me from going anywhere near a weapon or any type of ammunition/grenades, and stopped me driving military vehicles. I did not think I was that bad. There have been instances here in Australia where the psychs have contacted our Transport Department and have civil driving licences squashed.

Don't they understand that we are little kittens unless someone pokes us with a stick.

Maybe if push comes to shove you could apply for some sort of disability pension, that's if they think you are so unemployable.

I work in a hospital as a nurse. Basically because I expressed aggression toward patients during times of stress they felt the need to inform my employer. So now the hospital doesn't feel comfortable with me there. Which is understandable. It's not like I would ever do anything to a patient but apparently the way I had phrased things made them feel it warranted informing my workplace and now I"m in this situation. I'm looking into short term disability. That's really the only "quick" option I have outside of getting a new job apparently.

 

[Jimmy1]

:ROFLMAO::sick:

Had to laugh. I had an image of you going into a room after someone has pressed the buzzer. "What's wrong", patient "I am in pain", you "Just harden the F#&k up".

Sorry mate, but I would question them this. Have you displayed the so called aggression towards patients? Have you displayed homicidal tendency's? I would go see a lawyer mate, that is unfair, all you did is talk to your shrink, it's not as though this has been happening, has it??

 

[bemental]

McPhee,

Welcome and thanks for posting. Seems that your situation is beginning to sort itself out, but regardless here's what I've got for you:

Regarding the treatment, there's nothing to be ashamed of. Spend any amount of time on the forums and you'll find everyone here will agree.

In response to unemployment compensation, I wouldn't worry too much. If unemployment tells you that you're unemployable due to mental health reasons then there will be some burden of proof required. If in fact they do prove it, you can turn around and take that state's evidence, so to speak, to social security and apply for SSDI (and see what happens when your congressman finds out that a disabled veteran is being denied employment, unemployment AND SSDI).

Wanted to also let you know that I'm a Marine as well and that we were in Iraq at the same time. Spent the summer of 2004 and 2005 in Al Anbar.

 

[Sarg]

McPhee,

I agree with the others that they shouldn't have contacted your employer. I believe your rights have been violated. I would visit http://www.eeoc.gov/ and see what they say. I believe you have a discrimination suit going here.

Sarg

 

[JarHed]

Hey McPhee

Welcome to the forums from one JarHead to another.

OK, lots of good responses and mine probably won't add much but here goes.

Today, mental health professionals have an obligation and I believe a requirement to report someone that expresses either suicidal or homicidal ideas. It goes beyond patient doctor confidentiality and into the area of public protection. Believe me I'm not defending the VA. I think where they failed was to not inform you that that was going to happen or at least ask if you were serious. Sometimes we say things and are just blowing off steam to get it out of our system. When I expressed those things to my psychs they at least had the courtesy to ask If they 'needed' to do something about it. That part is a done deal for you, you were reported.

So, what now? Here's a couple of things I suggest. Get an advocate, someone from the DAV, VFW or some other service org. They will help you to navigate the VA waters and make putting in claims and getting things done much easier for you.

If you can't work due to a disability, you can apply to Social Security. There I'd say get a lawyer that knows how to get your claim with them on the fast track and put through.

If you're being let go from your job for medical reasons they, whether they like it or not, have a responsibility to release you with a certain amount of pay and benefits. They can't just toss you out with nothing. Here again contact your local wage and hour board to see what rights, and you have them, that are available. If there's a problem, get a lawyer. Don't be afraid to go the legal route, in the long run it's to your benefit.

It can take a while so plan your actions carefully and stay the course. I wish you the best in your endeavors. We're all here for ya' so ask away and let us know how it goes.

JarHed

 

[Lurch]

Welcome to the forum. As a Healthcare Administrator I understand your employer's concerns and there has been some great adivse already given.

I would suggest that you speak with your Equal Opportunity Officer or ADA specialist at your company. I am assuming (I know bad idea) that you have been diagnosed with PTSD. PTSD is defined as a disability and protected under the ADA.

You must meet one of the following criteria to meet the legal definition of having a disability.
(1) has a physical or mental impairment that substantially limits one or more major life activities: quite evident that your PTSD affects your ability to perform you job at the same level as your peers who do not have PTSD. The fact that you are going through this by definition “substantially limits” a major life activity.
OR (2) has a record of such an impairment: Diagnosed thru VA
OR (3) is regarded as having such an impairment: Are you being treated for PTSD.
Now this is very broadly defined and easily rebuffed by those that don’t understand, but the courts are on the side of the individual that has a definable disability.

This does not mean that your employer has to keep you in that job, they will give you paid admin leave as they try to figure out how to proceed. As a reasonable accommodation they can move you to a position that has equal pay and equal or greater opportunity for advancement. If they move you to just equal pay, then they are not making a reasonable accommodation. However, they can offer you a job with just equal pay and give you the opportunity to be re-evaluated at a prescribed date and moved back to your original job. I am not a lawyer, but I have to deal with the ADA as part of my job. For more information contact a local ADA advocacy group or a ADA experienced lawyer.

I hope this helps.