View Full Version : I need help
jahhead88
11-10-07, 11:52 AM
To: My fellow Marines
I'm asking for your help. I've returned to work at the VA, and have had some difficulties focusing and getting back in the saddle. My director is having regular meetings with me and has asked me to consider other options as far as my employment, which I think may be based more on an EEO complaint against someone who did an illegal background check.
First, if there are any Marines on this board who practice law, I need information about Federal Employment Law. I don't remember where, but I do remember reading that if someone is going through something like grieving, or it is causing impairment in job functioning, I can request that any type of proceedings to terminate me be put on hold so that I can obtain counseling.
Second, I need continued prayers from my fellow Marines, that if there is any way to resolve differences, and make peace and reconcile with anyone I've offended.
Any information or support would be greatly appreciated.
Semper Fi, and Happy Birthday
Brian Ouellette
SgtJimc
11-10-07, 01:35 PM
Hey there,
I would definately seek some legal counsel on this issue. They can't fire you because you are grieving unless you are fvcking up left and right. You may in fact need some serious grief counseling and maybe some time off to get your act together.
I noticed that you are from East Millinocket, Maine. I go through there all the time to get to Baxter State Park. Anyway, good luck and Happy Birthday Marine!!
You know, you could probably invoke FMLA (your golden note) and use an employee assistance program for counseling. I know the feds are about like the state gov when it comes to assisting you out the door. There is a ton of steps that they have to take prior to letting you go. Also, talk to your ombudsman or shop steward and see what else you can do.
Good Luck
yellowwing
11-10-07, 05:11 PM
More prayers you way. Don't forget the Missus. You got this outlet and support, make sure she's got one.
Big Jim
11-10-07, 05:12 PM
I'm sure there actions you can take before seeking legal advice. Fmla does help in a time of need...this allows you a certain amount of time you can take off indefinitely on your Dr.'s authority. No Dr, is going to let you go back to work in this state of depression. Go talk to a Dr. and then your Human Resources. Good luck!
jahhead88
11-10-07, 05:40 PM
I was offered FMLA time off. However, my wife gets panicky. She equates any time off I get with getting fired
Big Jim
11-10-07, 05:42 PM
Maybe you should ask your wife if you can go on FMLA.
jetdawgg
11-11-07, 01:24 PM
Brian, I think that 3077 is a legal eagle. You may want to PM him.
As always the prayers are in place. Hey brother, they work. I just had another miracle happen:usmc:
grampsdw251
11-11-07, 02:15 PM
Jahhead88, I think jetdawgg may be right. You may do well to give 3077 a holler. Also, I get my med care at your work location and have heard a lot about what's going on there.
You can bet that with all the pressure on the big bosses around there EVERYBODYS background will be thorougly looked at again. They need to send a few heads to D.C. to show that the situation is being taken care of. I fear some of your demise may be a direct result of the head hunting.
Next time I'm up there I'll try to look you up and shake your hand. In the mean time, the prayers, thoughts,and well wishes will be ongoing for you and your wife.
jahhead88
11-11-07, 05:10 PM
Big Jim:
I thought of that. However, she is still dealing with the death of our twin boys, hemorrhaging in the delivery room. I really don't want to do anything to send her into a panic. I'm gonna talk to my employer about getting counseling in the evening after working hours.
SGTBrentG
11-11-07, 09:23 PM
Brian-my prayers go out to you as well. If I am not mistaken they can not fire you while you are on FMLA! Check in to it!
Big Jim
11-11-07, 09:26 PM
Jarhead88,
Man, I'm sorry...sometimes my mouth thinks before I do! I hope everything turns out alright...please let me know if I can help with anything...just ask. Again, I apologize, next time I promise to find out the entire situation before I open my mouth!
jahhead88
11-12-07, 10:18 AM
No worries Big Jim: I feel like I should have explained the situation better. It's a double edged sword for me. After thinking it over, I'm digging in, and in true Marine fashion will try to negotiate first, and then if they won't bend, or are unable to work out a compromise, then the fights on.
Jahhead88
SgtJimc
11-12-07, 10:47 AM
I am deeply sorry for your loss Jahhead88. I hope that everything works out for you and your family, and our prayers will be with you all.
Here is the website for FMLA http://www.dol.gov/esa/whd/fmla/
Compliance Assistance —
Family and Medical Leave Act (FMLA)
Synopsis of Law
Covered employers (http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_825/29CFR825.104.htm) must grant an eligible employee (http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_825/29CFR825.110.htm) up to a total of 12 workweeks of unpaid leave during any 12-month period for one or more of the following reasons:
for the birth and care of the newborn child of the employee;
for placement with the employee of a son or daughter for adoption or foster care;
to care for an immediate family member (spouse, child, or parent) with a serious health condition; or
to take medical leave when the employee is unable to work because of a serious health condition.
Hope this helps.