Posted on Apr 21, 2021
Where can I find an attorney who helps veterans terminated for a refusal to accommodate my service connected injuries and on-the-job injury?
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I am a disabled veteran and was terminated from my job at Hill AFB because they refused to accommodate my service connected injuries and an on the job injury. They refused to follow the Americans with disabilities act and testified to the fact they did nothing. Does anyone know an attorney that helps veterans in matters like this. The one I have is not very good and the system is eating his lunch. I need help so other vet's don't experience the same thing I have because someone refuses to do their job.
Disability
Disabled Veterans
Employment
Posted >1 y ago
Responses: 4
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If you have a lawyer that specializes in employment law then it is possible the problem is with your case, rather than the lawyer. You really have two different issues that require different courses of action you should have done prior to your termination. For your disability you should have requested a reasonable accommodation The Government is required to consider your request but the key is the term reasonable. Reasonable can be minor things like providing you a track ball rather than a mouse or major things like building renovations to accommodate a wheel chair but they are not unlimited. Generally, it is the employers responsibility to show that a requested accommodation is not reasonable. For the on the job injury you should have reported the incident to the occupational health office and if the situation warranted, you should have submitted for workman’s comp. I am pretty sure that workman’s comp is not administered by the USAF. I think for Government employees it is administered by the Dept of Labor. If you didn’t follow the proper process for those two actions and they AF terminated you for AWOL or poor performance, your lawyer may not have much to work with.
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PFC Kevin Watkins
I did all of the things you suggested. Workers comp was never contacted. Which they would have known what to ask for. My manager stated he did nothing to help even though the ADA states clearly what is required. The evidence is over whelming as to their lack of effort yet the system is not designed to hold them accountable. I could go on for hours about this case but that's not for this forum. My quest now is in someway make a difference so others like myself don't experience the same thing. Trust me when I tell you Hill AFB civil service does not care about veterans. The EEO manager was removed because of issues and the handling of cases.
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SPC Nancy Greene
I had a similar issue with the Marine Corps Community Services. I filed a complaint with the Department of the Navy. It was a discrimination case and I won. I would suggest filing something with USAF HQ...Nancy PFC Kevin Watkins
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1LT Voyle Smith
In my opinion, SSGT Carlos Madden has the right idea. You need an advocate who knows his way around the bureaucracy to help you with your claim. A VSO is the help you need. The VA Office of General Counsel maintains a list of VA-recognized organizations and VA-accredited individuals that are authorized to assist in the preparation, presentation and prosecution of VA benefit claims at https://www.va.gov/occ/apps/accreditation/index.asp.
The .gov means it’s official. Federal government websites often end in .gov or .mil. Before sharing sensitive information, make sure you're on a federal government site.
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MSG Gary Eckert
PFC Kevin Watkins - Since you were removed from service your recourse is probably with the merit protection board. Normally you must have completed your probationary period on a competitive service appointment to appeal to the MPB. If you were still in your probationary period or on a temp/term appointment, you may be out of gas because normally you can be terminated from those positions without "cause". I use normally since I know that veteran preference-eligible employees have different qualification requirements to appeal to the MPB.
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Had/have the same issue going on since 2018. From what I understand it’s b word to go after the fed for on the job injuries...so patience is a definite virtue. With that said, I’ve been working with and still waiting results after two appeals...an attorney Alan Shapiro, out of Ohio.
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PFC Kevin Watkins
Thanks for your response. I know of Alan as he does Workers comp cases. The unfortunate thing is he does not do EEO complaints or civil court suits as I spoke with him years ago unless something changed. Once again thanks for your help.
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