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gatorsmom78  
#1 Posted : Friday, November 5, 2021 12:09:00 AM(UTC)
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I will do the best I can to keep a complicated circumstance as simple as possible and as vague as possible so the dates are different but in order of occurrence.
On Jul 5, I requested information about the reasonable accommodation process and what paperwork I needed to provide from my doctor because I needed to take leave (at that point, I did not convey the reason, but it was for disability-related procedures.)

Jul 10 supervisor denies RA.
Jul 11 I contact EO to file a formal complaint. EO explains the informal has to be filed first.
Jul 12. EO advised me to request another RA, saying there was a misunderstanding
Jul 19 EO rep calls me and takes initial complaint.
Jul 25 I submit RA and doctor letter.
Jul 27 am EO, and I speak again to finalize my statement for the first RA that was denied.
Jul 27 I received the 2ND Denied RA as well as being found and word for word "no longer physically capable of performing essential duties of my job with or without an accommodation"? As well as my "disability is lasting the rest of my life". (Like it's my fault there's no cure?} Also, there are no positions to reassign me to, and he is using the fact that my PCM wrote, "is no longer able to all duties without reasonable accommodations <----- I employee could request RA?
On Jul 28, I responded to the supervisor stating I would send my disability retirement forms when complete. (I guess that's what I do?)
Jul 30 EO speaks with supervisor to get his side of first denied RA
Jul 31 Supervisor wants me to close out my performance appraisal, at which I tell him when my email access is restored can get on the network to look through my notes. I would be happy too...but if they expect to remember everything, it won't happen. As if I F#)$)$ care about an appraisal at this point?
Aug 1. The supervisor sends me the Vaccine information telling me to give my status or send Religion accommodation for approval or denial? (I'll save the resources and assume a denial)

I responded confused, asking if he forgot he fired me for needing accommodations?

I could fight it, but because there are so many other incidents similar or worse, I don't have the strength or energy for this much drama or pushback over requesting one reasonable accommodation. Had I known asking would somehow escalate to filing for disability?

So my questions are I am filling out the retirement stuff, but I don't have much to say? They asked me what accommodations I asked for? I only asked for one, and it was for a few weeks of leave for a procedure? None of my doctors are on board with me "never working again" Right now, I am having issues, but I could be fine tomorrow and the next year? There's no way to predict. I think the stress from my boss is why I began having issues and can't seem to manage them.

What if OPM denies me does that mean I get my position back? That is the part that I am confused about?
I thought RA were an interactive process? Not a yes or no you're fired decision?
My job is behind a desk, and there is no unreasonable accommodation I would need.

How can a supervisor say I cannot perform my duties with accommodations if my doctors state I can? And I am saying I can? I guess that's neither here nor there at this point idk.

I thought about an attorney but now is not the time I can deplete my savings to hire a lawyer.


*Two months ago, I lost all access to the email network, and I had to email PII documents and other personal information via Gmail
*Supervisor never bothered to submit my VLTP form for leave donation. I know that because I've asked both supervisor and HR for the information, and neither responds.

Sorry this is so long, my head is spinning by this because I did not expect this to ever happen.
frankgonzalez  
#2 Posted : Monday, November 8, 2021 4:28:33 AM(UTC)
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I'm not seeing the required notice of proposed termination and termination letters being sent or received in your timeline above. Which, if the ER/LR folks are on their game would not occur if the RA was denied without full process (and the "no jobs available" is not just in your office, but can be done agency-wide if you are open to relocation, etc).

Without knowing your agency (and I expect you are not comfortable sharing), I cannot say if the RA Manager is in the EO office or not. At my agency, they are in my office, and we have yet to have a manager deny an accommodation at my location to date. Do people get what they want every time? Not at all, but they do get what they need.
You should have voted Cthulu...the greatest of all Evils
thanks 1 user thanked frankgonzalez for this useful post.
Gators Mom on 11/10/2021(UTC)
GSBS  
#3 Posted : Monday, November 8, 2021 10:53:04 AM(UTC)
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If you have explored all reasonable accomodations and your agency claims you are "no longer physically capable of performing essential duties of my job with or without an accommodation", I would consider filing for OPM Disability retirement, you will have up to a year after removal to do so. Most attorneys offer a free consultation, and some will take your case on a contingency basis with no money down, or 100% money back if you don't win
DroneBee  
#4 Posted : Tuesday, November 9, 2021 1:33:29 PM(UTC)

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I can't follow your synopsis at all. Because your statements are so confusing, you would need a lawyer - and yes, it would deplete your savings. You can put in an EEO yourself - to keep on the books and let it ride - EEOs take forever. If you were fired, you should have received an SF-50 or something, and if you are fired, you could go to the Merit Systems Protection Board to get your job back - but again, this would require an attorney.
gatorsmom78  
#5 Posted : Wednesday, November 10, 2021 2:25:29 PM(UTC)
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MY apologies if it is confusing...it is confusing to me. To answer some questions, yes the RA manager is in the EO office. However my RA were never brought to EO. My supervisor made the decision. No accommodations were explored, I asked for one and it was denied twice. Supervisor gave me a memo stating I was no longer medically able to perform my job duties with or without accommodations. There was no discussion and I don't believe EO was involved because during the informal stage, the EO counselor didn't seem to know what I was referring to when I told him I was fired.


To break it down simply this is the order of events.
1. Put in request for Reasonable Accommodation
2. Supervisor denies RA
3. I file informal EO complain.
4. Put in second request for same reasonable accommodation since my supervisor alleges a misunderstanding?
5. Supervisor denies Reasonable Request included in the memorandum determines I can no longer perform ​my job duties.


​The entire process from my first request to the memo basically firing me was 3 weeks. MY RA request was for 3 weeks of leave or medical treatment which by the point I was fired the leave concluded anyways. Sorry for the confusion I was trying to be as transparent as possible without getting into the details. I have contacted attorneys but they are every expensive. I have no new SF 50. Supervisor wanted me to provide input for my performance appraisal and I conveyed I would when I was able to get documents etc off my work computer and email since she had disabled my permissions etc a few months prior. I am not trying to appeal and get my position back because I've been dealing with these sort of shenanigan's for the last few years.
Gators Mom  
#6 Posted : Wednesday, November 10, 2021 2:42:44 PM(UTC)
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Originally Posted by: frankgonzalez Go to Quoted Post
I'm not seeing the required notice of proposed termination and termination letters being sent or received in your timeline above. Which, if the ER/LR folks are on their game would not occur if the RA was denied without full process (and the "no jobs available" is not just in your office, but can be done agency-wide if you are open to relocation, etc).

Without knowing your agency (and I expect you are not comfortable sharing), I cannot say if the RA Manager is in the EO office or not. At my agency, they are in my office, and we have yet to have a manager deny an accommodation at my location to date. Do people get what they want every time? Not at all, but they do get what they need.


RA manager is in EO office but my RA are only being decided by my supervisor. I requested 3 weeks of leave for medical treatment. I didn't need RA for my workday specifically since I sit behind a desk. I would of even compromised with flexible schedule or telework if the leave was such a hardship. There was no discussion. It was very matter of a fact. In the memo my supervisor wrote reassignment was not available? I would of relocated anywhere or done whatever was needed in order to eliminate getting fired. I admit my issues were worsening and disability is incurable but they are unpredictable so I could be horrible today and fine tomorrow. I thought employees had more recourse or protection but it doesn't appear that way unless they spend thousands.
33years_here  
#7 Posted : Thursday, November 11, 2021 9:51:11 AM(UTC)
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From someone who suffered through almost two years of dehumanizing conditions because my boss stomped on my right to RA...

I ultimately prevailed at EEOC, but I can tell you that if I had the option to bypass the harm I suffered from my Agency's willful failure to accommodate and retire on disability, I would have done it in a heartbeat. My boss & installation didn't give me the option. I think that was because they're arrogant beyond belief, and never expected for a second to lose at EEOC. Frankly, I was as surprised as they were.

The mental and physical harm that can result from struggling to manage a career and a disability without RA is immense. EEOC gave me all the damages they could, and I'm grateful for their help.... but ultimately, a little money can't return me to the person I was before the discrimination. It would be illegal to treat a convicted felon the way I was treated, day in/day out, for a couple of years. It changed me, and not for the better. So if there's a way you can avoid all that without financial ruin, I would advise you to at least consider it.

If you decide to fight it and go the EEOC path instead, you need to get your timeline in order. Make sure it's accurate and complete as possible, and think through how you might prove each step in that timeline. You don't have to be able to prove it all at this staqe of the process, but within a few weeks or months, EEOC is going to expect you to be able to prove your timeline is accurate and there's some legal basis for your claim.

Edited by user Thursday, November 11, 2021 9:58:43 AM(UTC)  | Reason: Grammar

frankgonzalez  
#8 Posted : Friday, November 12, 2021 4:49:43 AM(UTC)
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Originally Posted by: paogirl0125 Go to Quoted Post
MY apologies if it is confusing...it is confusing to me. To answer some questions, yes the RA manager is in the EO office. However my RA were never brought to EO. My supervisor made the decision. No accommodations were explored, I asked for one and it was denied twice. Supervisor gave me a memo stating I was no longer medically able to perform my job duties with or without accommodations. There was no discussion and I don't believe EO was involved because during the informal stage, the EO counselor didn't seem to know what I was referring to when I told him I was fired.


To break it down simply this is the order of events.
1. Put in request for Reasonable Accommodation
2. Supervisor denies RA
3. I file informal EO complain.
4. Put in second request for same reasonable accommodation since my supervisor alleges a misunderstanding?
5. Supervisor denies Reasonable Request included in the memorandum determines I can no longer perform ​my job duties.


​The entire process from my first request to the memo basically firing me was 3 weeks. MY RA request was for 3 weeks of leave or medical treatment which by the point I was fired the leave concluded anyways. Sorry for the confusion I was trying to be as transparent as possible without getting into the details. I have contacted attorneys but they are every expensive. I have no new SF 50. Supervisor wanted me to provide input for my performance appraisal and I conveyed I would when I was able to get documents etc off my work computer and email since she had disabled my permissions etc a few months prior. I am not trying to appeal and get my position back because I've been dealing with these sort of shenanigan's for the last few years.
Again...I see nothing in your timeline about a proposed removal letter and the final removal decision. The proposed removal letter is required to provide you with an opportunity to respond and to request an RA, etc.

Without those letters (the removal proposal and the removal final decision), you have not been fired.

And, if you filed your EEO complaint prior to the proposal to remove, you go back to EEO and amend your complaint to include reprisal.

Based on your posts (which are extremely lacking in info and hard to follow), you need to talk to someone above your supervisor to address your issue. If you ask for mediation, your supervisor should not be the person making the decision on whether to settle your complaint or not (per the EEOC, the Responsible Management Official, aka the person named in the complaint, should not be the Settlement Official).

You should have voted Cthulu...the greatest of all Evils
Gators Mom  
#9 Posted : Thursday, November 18, 2021 11:13:37 PM(UTC)
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Originally Posted by: frankgonzalez Go to Quoted Post
I'm not seeing the required notice of proposed termination and termination letters being sent or received in your timeline above. Which, if the ER/LR folks are on their game would not occur if the RA was denied without full process (and the "no jobs available" is not just in your office, but can be done agency-wide if you are open to relocation, etc).

Without knowing your agency (and I expect you are not comfortable sharing), I cannot say if the RA Manager is in the EO office or not. At my agency, they are in my office, and we have yet to have a manager deny an accommodation at my location to date. Do people get what they want every time? Not at all, but they do get what they need.


I actually just received a duplicate memorandum but this time it stated "separation in 30 days". I only requested leave as an accommodation and nothing for my day to day job functions, I guess I don't understand how they are basing I am unable to perform duties? They also denied me the Executive Order 5396 saying again I wasn't authorized any leave because based on my disabilities i am unable to perform duties? This is one heck of an "interactive process" Hindsight is 20/20 but I almost I would of just found out earlier this was going to happen and just rolled in on wheelchair to work....there's no point in filing for disability because I am able to work fine now and recovered from the treatment.idk this just doesn't seem "right" to me...but maybe this is how it is..smh
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