Kim
What I was attempting to suggest by seeing EAP is the necessary ground work for mental distress you suggested.
When I informed by personal doctor about what was going on at work, he prescribed Trazadone for me. He was funny-Take these and when they come up to you, you won't even give a damn. They do help you sleep.
Good luck to you! Keep us up to date.
Pivotman

Edited by author 09-06-2008 02:04 PM
EAP is a thorough, straight up joke....just another opportunity for the Agency to get more 'dirt' on you. Because guess who pays for those visits and then has access to that medical information?? Nothing is private with this Agency!!!

And, of course, all of this wears us down. As a group, there are more 'bad guys' fighting us than there are of us fighting them. We don't have entire fleets of lawyers, on retainer, who sit around picking their noses until it's time to cut some poor Mgmt. sucker off at the knees. It DOES take a lot out of us to do this. But stay strong!! : )

NY Wise and Kim
Thank you NY Wise for your comments, I really needed that. Although I am very aware of everything you stated, it just wears me down. Especially the unknown element of what the hell they're going to come up with next. If you are on their radar screen, it's more difficult to do your job. I like to compare it to your first driving test with the DMV- All of us can identify with that. Remember how slow you drove, and how careful you were to make sure you stopped way behind the line etc. etc. Well I literally do everything at work like that. Sounds almost paranoid, doesn't it?

Kim- Have you thought of calling EAP?

kim...if they don't accept your claim file an appeal with the commission.
I would ask for monetary damages and leave it to the court to decide whether to grant monetary damages. At all times the burden of proof is on you. For medical claims you require medical evidence provided by your physician. PIVOTMAN...if they continue to harrass you simply tell them, "if I am not doing my job correctly and you feel discipline is necessary that would provide me the evidence I need to establish a EEO claim based on age and a hostile work environment that is sufficient enough to alter the terms and conditions of my employment". In some cases management will back off because that statement sounds serious. It is serious. I have noticed a pattern toward senior carriers that indicate they want us out, to retire. Just smile :) at them. When you do that they attempt to think....foreign territory for most stupidvisors, what do you have planned. You stand up to them and they will probably move on to another victim. You can always return to this board and I know for a fact that many of us posters will provide the knowledge necessary to help you.

Edited by author 09-06-2008 12:02 AM
Is it ever a good idea to ask for blanket "Compensatory damages in the maximum amount allowable by law"?? Or should one be more specific and nail it down to a dollar figure?? (Concerning non-pecuniary) Also, in the pre-complaint process, should one ask for a dollar amount?? I don't know why I feel like this but it seems like you are supposed to put down 'namby-pamby' stuff right away (i.e. anger mgmt. classes, apology, etc.) and not talk money. If you tick them off they won't accept your claim. (And that reminds me....someone wanted to know earlier that if the Agency doesn't accept your claim, what recourse do you have??)

I'm getting ready to file another one. Postmaster stated to co-workers that I failed my fitness-for-duty exam. I have been harmed mentally by this in addition to harming my character. I think that is worth some money.

J.R., Kim, And K
I like being in this forum and I apologize for being too negative. I am defintiely not mgmt.
Briefly, my OWCP case- My doctor returned me to limited duty, after surgery, to cut the facia on my left foot. I was out a month. When I returned to work on limited duty, I was sent home after casing my route, because I was told DOL would pay me. I lost a month of annual leave and sick leave accrual- No big deal, but in my EEO hearing I cited ELM 546, 505, C.F.R 29, US code 5, and the Rehabilitation act. I was told by the manager, and the Postmaster that they did not "Recognize any of the laws or codes" or anything else I presented. The union rep just sat there. I was well prepared.
Recently, I have the opinion that the Post Office is out to get anybody who has filed OWCP cases, EEO complaints, even grievances. Basically, our office is using DOIS stats to show your undertime. Eventually, when FSS comes, they will say you do not have an 8 hour route and because of it we are going to excess you. I can show that other carriers have less mail volume than I do, who use more OT than I do. OH! but don't worry folks, the union will file a grievance if that happens. WOW!!And attorneys will all flex their muscles. Big deal.
I reminded them, as NY Wise has said many times, that I am 61 and I am doing the best I can, as I do everyday. I am returned to full duty, with an attitude to just leave me alone and let me do my job, without harassing me or making my job more difficult. AND that I don't recognize DOIS.
 
I do want to thank everyone for past input-Pivotman

Edited by author 09-05-2008 10:40 PM
\/ \/ \/ \/ \/ Well said!! \/ \/ \/ \/ \/

Edited by author 09-05-2008 10:27 PM
k/m4347
Promising “equal consideration” is nothing more than what you are already entitled to. Below is a post on this subject from 05-29-06.
I have noted on many occasions that employees go into REDRESS mediation hoping to acquire things to which they are already entitled. For example, I’ve seen settlement agreements where the employee wants to be treated fairly, with dignity and respect, and without being subjected to retaliation. The problem of course, is that you are already entitled to those things. The 7th Circuit in Baker v. Chicago Fire & Burglary Detection, Inc. 489 F.2d 953, held that a valid contract must be based upon consideration where some right, interest, profit, or benefit accrues to one party of some forbearance, detriment, loss, or responsibility is given, suffered, or undertaken by the other. Where the promisor receives no benefit and the promisee suffers no detriment, the whole transaction is a nudum pacrum. So if you DO decide to participate in REDRESS, the very first question that you should ask is – Do you have the authority to resolve this EEO complaint? If they have no authority, then they have nothing to give that would be enforceable.
J.R. Pritchett, Employee Advocate
postalemployeeadvocate@juno.com

Edited by author 09-05-2008 10:14 PM
Sling: "I WIN, because I have kept my name in front of them, take their own words and make them look foolish, and I KNOW, they hate my guts."
That is so me!! lol Bet you didn't know you had a twin out there in the universe, huh?? As far as negative naysayers /m4339.......I say to you: If we never 'WIN' then how do you explain all the cases in the EEO archives that show employees, from all walks of Federal life, win their cases>>>> Pecuniary and Non-Pecuniary paid out; Lawyers being re-imbursed; Back pay awarded, etc., etc.
(I think you may be management, Pivotman!! lol)

I will never give up, give in or give out, from lack of energy. I will probably fight 'them' to the very last day I draw breath. It's just the way it's gotta be. Don't understand the reason but I know I'm supposed to be doing this.

i had a redress yesterday that lasteed nearly 3 hours. I was in there with two POOMS whom were named in the EEO as distriminating against me because I was out on a stress related absense and since that time, I have been be treated terribly. I have been passed over for PM positions I had interviews for and OIC assignements. In the redress, one of my arguments was that I am no longer being considered for OIC assignments, however, these POOMS are sending two other clersk on one detail right after the other. One has been on 4 conscutive and the other 2. THe pooms have stated that they do not know if I could handle it now. In the redress they were more than rude. They were very pompous and said taht they had doen nothing wrong. They told me that I should not worry about what the other clerks were doing. They went so far as to say that they were going to give one of the clerks a promotion soon because she was so qualified. Well of course she is, they have had her on details for 3 years. ANd she just got a letter of warning for falsifying documents. I advised that she may be qualified because they are giving her every detail opportunity there is. My only request was that they offer me 1 detail in the next 6 molnths. They refused. They were so rude that they had me in tears twice. Ultimately, they put in writing that they would give me equal consideration as every other employee when it comes to details or promotions. My manager said that was to vague when I talked to him today. I know that I can file a complaint and say that they are not complying if they pass me over indefinately. BUt what if they turn around and send these two other clerks on another detail, can a file a complaint for that>

sling never quit fighting against the Postal Service when you know you are RIGHT
the Truth WILL prevail

just no fighting should ever be amongst us on the board

just an honest DEBATE no one is always right - that's how you learn

We all need help one way or another !!

/m4343
I forgot to say that I was retaliated against by being reprimanded, suspended and terminated within a couple of months after requesting a reasonable accommodation. The charge was not proven, In fact, I was injured the day before I was removed. I WIN, because I have kept my name in front of them, take their own words and make them look foolish, and I KNOW, they hate my guts.

/m4343

So maybe all of us should stop fighting because only VERY FEW win.

Edited by author 09-05-2008 04:17 PM
sling VERY FEW do win I did win in a redress meeting in 1/2007
the local EEO guy told me it could have been settled out of the system in 15 minutes flat
The Management made the meeting last 4 hours ARBitrator - ME-
- MY REP --eeo dude- management bitch --and the bastard who is my MDO

count the $$$$$$$$$ all on the clock !!!


Furthermore MDO did not comply with the order within the required time frame

more paperwork wasted time hurray I finally won
the MDO did not even get a slap on his little hand
his mommy is station manager and is VERY CHUMMY with our Plant Manager, so I hear !
so what
now retaliation on a daily basis they even follow me to the can and time my movements ans smell them too.. Pure SH.T !!!!!!!

I am as of today proud ? owner of : one 7 day one fourteen day another fourteen day-not taken yet just sitting in my folder

So Did I really win >??????? open to debate ????

PivotMan......If no one ever wins, why are you on this board? There are other boards where people win, like contest for the cuttest puppy, or knitting boards for the knitting the cutest sweaters, etc etc....