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Unfairs and need help

noimage_75
By: reaperyahoo77
Mood: crushed
Date: 08/30/2007 23:43:25
Music: None


On May 17th of 2006 I was layed off from my job as a welder/fabricator.  The lay off turned into a termination when I was unable to meet the employers demands.  Their demands where to get better in 90 days.  Bascially I was suppose to get rid of my disabiltiy.  I have been fighting for everything I could get since my disbality back in 1994 and it aint going anywhere soon unfortunetly for me.  Anyways I filled a dicrimination complaint with the EEOC but there ruling was I wasn't disabled accroding to the ADA, which I find hard to believe since I have a disabiltiy rating of 60% through the V.A.  Now it is at the state level and it looks like my previous employer will get away with firing me because of my disabiltiy and the fact that I am a disabled veteran will be a mute point which just makes me sick!  If anyone out ther has any ideas on how I can stop my previous employer from doing this to anyone else and also to get the justice I deserve please let me know.  It has been so hard and all the veterans organizations out there that I belong to, the DAV, V.A., Americon Legion, etc.  all of them won't lift a finger to aid me in my greatest time of need.  When I am at risk to loose everything I have sturggled for I would think there would be someone out there who would help, I guess I was wrong.  I served with honor and pride for this country and to have to be treated as I have been and also to have to go through this and defend my good name is utterly disgusting.  I thought being a disabled veteran meant something in this country, I never thought I would be wrong.



MEMBERS COMMENTS



VIEWING 1 - 3 OUT OF 3 COMMENTS



From: FAITHY
08/31/2007 15:39:57

Just wanted to add that after the government squared away my claim they take great care of me. 

A close friend of mine who was IOD as a cop had to file with SSA and won. He now get 100%, up from the 50% the Sheriff's Office awarded.  He was hired with a "documented" 15% disability from being wounded in Vietnam.



From: searles72
08/31/2007 08:35:42
We have what is called The Labour Board here in Canada, each province has its own ministry . When an employee is terminated for unjust causes in his/her eyes, this is where the Ministry will step in. Generally they will side with the employee. It can be a lenghty process but most times its settled in the employees favour. Im sure every State will have something that is close to this. As Dennis has said in the previous comment , go to the SSA and put in a claim. Good luck!


From: FAITHY
08/31/2007 06:57:46

I basically went through the same thing following my injury in 1983.  I was seperated from the military then, but was operating under contract to the government overseas.

Your problem is that you must be able to prove you made your employer aware of the full extent of your disability at your time of employment. Their position will be that you did not fully disclose this. Your protection under state law varies from state to state.  Florida has proven to be a pretty employee friendly state.

You can seek disability income from the Social Security Admin.  File a request for benefits which will be the difference between the 60% and 75-100%. At your hearing you must be able to establish that not only does the disability exist, but it is keeping you from obtaining and/or keeping full-time employment.  There are nunerous former SSA attorneys around the country that specialize in these claims and they will represent you on a percentage basis.

Once you suceed with you SSA claim, you should be able to go back and sue the bastarts that fired you for wrongful termanation.

Good Luck!

 

 








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