Stop Discrimination against disabled veterans

The Issue

I wanted to share my story with you as a Veteran with ptsd and the mistreatment I received by my former employer, HSG CodeBlue. I was employed there for three years before they wrongly terminated me for insubordination

 During my time with them, I was refused reasonable accommodations. I was removed from my position after using fmla leave citing that I was a burden, but my position was restored after a dept. of labor representative intervened as result of the company not being compliant with the law. They've discriminated against my by docking pay for leaving work early for Dr. apt.'s and allowing other coworkers to come go and as necessary never docking their pay.

They've turned me down for promotion's and refused annual reviews. The company's short history in Springfield has a poor reputation for the mistreatmemt of Veteran's, people with disabilities, or individual's with disabled or sick family members. 

This was information that had to be provided on the FMLA certification papers, in order to approve intermittent leave time for absences and appointments related to his diagnosis. Furthermore, the reprimand occurred upon his return to work after being out for a week due to an illness, unrelated to his diagnosis, plus two additional days on fmla time related to his diagnosis. 

On November 13, 2013 at approximately 0930 hrs I was instructed by the Team Leader of Mitigation, at Harmon Solutions Group Code Blue to meet with him and the Supervisor of Water Mitigation for Team Leaders, in a conference room. After discovering that no conference rooms were available the Supervisor decided to have the meeting in the training room, which was dark. He proceeded to move the three of us to the back of the room in the corner, shut the door, and left the lights off and the window shades were closed. The Supervisor was seated across the table, facing me. The Team Leader was seated to my right, at the corner of the table, and blocking the only path to the door. I was seated in a position that placed me in the back corner of the room with both supervisors between me and the only exit in the room.

The Supervisor started the meeting by stating, “The Team Leader and I have brought you here to review a corrective action form as well as a discussion form.” When I inquired about the nature of the of the corrective action form and reached across the table for a copy of it, the Supervisor jerked the form from my hands and stated, “Do not start with me” and went on stating, “This corrective action form is regarding two files in which you did not provide quality service and the insured’s requested a new file handler.” I asked, “which files are you referring to” and the Supervisor’s response was, “Again, <Veteran’s name> do not start with me.” 

At this point I asked the Supervisor and Team Leader, “Why I did not have any representation from Human Resources and why I was not notified of any pending investigation against me, and why I was not given an opportunity to defend the allegations prior to the final judgment” I also stated, “this is clearly a violation of Due Process.” The Supervisor and the Team Leader’s responses were, “You do not need representation and we do have a Human Resources Department which is in Eau Claire, WI, however the CFO is here in Springfield.” Also we are not required to notify any employee of an investigation and we have the right to decide if the employee will be permitted to defend themselves against any allegations.” “You also do not have to sign this form if you do not want to, it is not mandatory that you sign it and you are given the opportunity to write in your explanation of what happened, if you want.”

I stated, “Since you’re not going to allow me the opportunity to defend myself and these allegations then I will not sign the form and I would prefer that you allow me to read the forms, versus you (the Supervisor) read them out loud.” The Supervisor stood up at this point, leaned over the table, hovering over me and slammed both of his fists into the table and yelled in a very forceful threatening manner, “<Veteran’s name> I told you not to do this and you need to sit there and just be quiet” 

At this time I informed the Supervisor and Team Leader in a very calm voice that “I am “triggered” and need to step outside of the room so that I can gain control of my PTSD and anxiety and then return in a calm state of mind” The Supervisor continued to hover over top of me with his fists pounding the table and the Team Leader also stood up and stated along with the Supervisor, “You’re not going anywhere.” I remained seated in my chair, hands gripping the arms of the chair, with my back to the corner and the two supervisors, one of whom was acting in a threatening violent way, I could not leave and found myself in a threatening situation. Again I stated very clearly, “<Supervisor’s name> I need to leave this room right now because I feel threatened.” Again both the Supervisor and Team Leader refused to allow me to leave the room.

The Team Leader also stated, “<Shortened version of Veteran’s name>, you need to shut up and listen, because regardless of what you say it is not going to change anything.” “I spoke with the insured’s and I am the one making this decision, regardless of what you may or may not have to say.” I stated to the Team Leader, “My name is <full name of Veteran’s name>, or <Veteran’s last name>, or <Veteran’s Service Title>, a rank which I earned, my name is not <shortened version of Veteran’s first name>, and I would appreciate it if you did not address me as such” “Is this the type of leadership training you acquired at <fast food establishment where Team Leader was formerly employed>.” At this point the Team Leader began to yell and shake his fists at me. Due to the extremely loud ringing in my ears as a result of the escalating anxiety and induced panic attack I was experiencing, I could not make out anything that the Team Leader was saying, only that his body language was one of anger with his fists and teeth clenched.

The Supervisor made a motion towards the Team Leader to leave the room, prior to which, I asked “<Team Leader’s Name> I do not mean any disrespect, however have you ever managed a reconstruction project?” The Team Leader shook his head no. I responded by saying “If you would work a file to completion including the reconstruction then you might gain a better understanding of what the Reconstruction Department deals with on a day to day basis” The Team Leader then walked away, slamming the door as he left.

At this point, the Supervisor had sat down and we began talking about the corrective action form, which I stated that the allegations were false and the Supervisor agreed to allow me to provide documentation that would prove so. The Supervisor also stated, “I understand the PTSD was triggered and I should have let you walk away, so I’m not going to write you up for insubordination.” The meeting was concluded at this time, and I spent the next hour researching the claims and provided the documentation to Brad, via an email, which showed I had not provided poor quality or service.

On 11/14/2013 at approximately 1015 hrs I was sent an email from CFO for CodeBlue requesting that I meet with him and the COO at 1300 hours. No reason for the meeting was given. I forwarded the email to my wife at 1023 hours EST as an fyi, so that she could be there as a witness and advocate for me. At approximately 1030 hrs EST the COO approached my desk and requested that I meet with him and the CEO for HSG CodeBlue in the CEO’s office. When seated in the CEO’s office, COO stated “We’ve asked you here today to discuss what transpired yesterday” I was given the opportunity to discuss my defense about the quality service issue with two claims. After which, the CEO and COOl both stated, “Well that’s one thing and we don’t know what’s in the file or not, but that’s not what we want to talk to you about” “We want to talk to you about the insubordination which you displayed in the room yesterday with the Supervisor and Team Leader, specifically the words that you spoke against the Team Leader.” The COO said that he was informed I told the Team Leader he should go back to flipping burritos and that he should address me as private sergeant something. I don’t know what it is and it doesn’t really matter.” I rebutted and stated that I did not tell the Team Leader to go back to flipping burritos and did in fact ask him if that was where he received his leadership training and if that is how he spoke to his employees there.” I also stated, “That the Supervisor had slammed his fists on the table and he and the Team Leader were both yelling and shouting and that my PTSD was triggered and I needed to leave the room so that I could re-group.”

The COO asked me to further expand on my PTSD, which I did so willingly and added that it is not something I discuss with other members of the work place, due to a previous incident where a former manager had made unnecessary comments such as “Oh, you’re not going to come in here and shoot everyone up, are you?”. 

The CEO then said, “I’m here to grow a business and I’ve known you for awhile now, where we’ll greet one another, etc. However as we continue to grow we need to have safeguards in place against any possible type of violent outbursts and we need to make certain that all of our employees follow the same protocols.” “It is because of this PTSD that you responded the way you did, and we cannot have that type of insubordination in this company.” The COO nodded his head in agreement. 

I stated, “So to clarify you both understand that I have been diagnosed with PTSD and that the actions in the training room by the Supervisor, whom I’ve filed several complaints about his violent outbursts, triggered an episodic event and I was denied my request to leave the room, preventing a further escalation by both the Team Leader and Supervisor.” I also repeated what the Supervisor had stated in the training room, “I understand the PTSD was triggered and I should have let you walk away so I’m not going to write you up.” 

The COO and CEO both stated, “At this juncture we feel it best for us to part ways.” I asked, “Why has nothing been given in writing, in the 3 years that I’ve been here I have had 1 review which was stellar and zero complaints filed against me” The COO said “that may well be but we cannot tolerate insubordination.” I responded by saying “how was I being insubordinate when I did not refuse to follow any directions or policies and procedures.” The COO stated “it is because your statement of how the Team Leader should address you and that made you seem superior to him, when in fact he is your superior.” I stated, “It’s clear that your decision was made prior to me walking into this office and though you have stated that it is because of my PTSD, you still are going to terminate me.” 

The COO said, “Yes that’s how it is, and I will look into what you claimed about the Supervisor, and we have been more than accommodating to you in these last few months.” I stated, “You have in fact not, because the reasonable accommodations that were requested and fall under the ADA were ignored and what was put in place was FMLA which is part of the Department of Labor, so please give me the dignity and respect by not walking me to the door, I will pack my bags and quietly walk out without making any noise or confusion.”

On 11/14/2013 at 1330 hrs EST I spoke with the Human Resources Manager, and asked if she was aware I had been terminated. She indicated yes and said what is it you need from me. I requested documentation stating that I had been terminated because the Department of Jobs and Family Services requires it, as proof of the need for services for my family. The Human Resources Manager said, I do not have to provide that nor will I. I then asked if she was aware of why I had been terminated and that there had been no writing leading up to it. She said Yes I am aware and I have an email outlining the incident here. I replied and stated, However you do not have the full story of the incident only one half of it. I denied the allegations brought against me and was told by the Human Resources Manager that it did not matter because it was my word against theirs and they were managers and she could do nothing. I stated that there was no due process and that this was clearly a witch hunt/retaliation because I had filed a complaint against the DOO, with the Department of Labor, and quoted COO and CEO, that it was due to my PTSD. The Human Resources Manager remained silent. I then asked why the numerous complaints I filed against the Supervisor were left untouched and why I was being terminated when just a few months prior the Director of Operational Excellence, had pulled his knife open and acted as if he was going to stab me and he’s still employed, when this was clearly a threat. The Human Resource Manager again remained silent. I then confirmed my final check and the incentive owed. I also let her know that they were in violation of the EEOC and when she asked what I wanted, I told her I wanted my job back.. The Human Resource Manager said, “we are an at will employer and we are not required to give you your job, back.” End of Call.

 

This petition had 107 supporters

The Issue

I wanted to share my story with you as a Veteran with ptsd and the mistreatment I received by my former employer, HSG CodeBlue. I was employed there for three years before they wrongly terminated me for insubordination

 During my time with them, I was refused reasonable accommodations. I was removed from my position after using fmla leave citing that I was a burden, but my position was restored after a dept. of labor representative intervened as result of the company not being compliant with the law. They've discriminated against my by docking pay for leaving work early for Dr. apt.'s and allowing other coworkers to come go and as necessary never docking their pay.

They've turned me down for promotion's and refused annual reviews. The company's short history in Springfield has a poor reputation for the mistreatmemt of Veteran's, people with disabilities, or individual's with disabled or sick family members. 

This was information that had to be provided on the FMLA certification papers, in order to approve intermittent leave time for absences and appointments related to his diagnosis. Furthermore, the reprimand occurred upon his return to work after being out for a week due to an illness, unrelated to his diagnosis, plus two additional days on fmla time related to his diagnosis. 

On November 13, 2013 at approximately 0930 hrs I was instructed by the Team Leader of Mitigation, at Harmon Solutions Group Code Blue to meet with him and the Supervisor of Water Mitigation for Team Leaders, in a conference room. After discovering that no conference rooms were available the Supervisor decided to have the meeting in the training room, which was dark. He proceeded to move the three of us to the back of the room in the corner, shut the door, and left the lights off and the window shades were closed. The Supervisor was seated across the table, facing me. The Team Leader was seated to my right, at the corner of the table, and blocking the only path to the door. I was seated in a position that placed me in the back corner of the room with both supervisors between me and the only exit in the room.

The Supervisor started the meeting by stating, “The Team Leader and I have brought you here to review a corrective action form as well as a discussion form.” When I inquired about the nature of the of the corrective action form and reached across the table for a copy of it, the Supervisor jerked the form from my hands and stated, “Do not start with me” and went on stating, “This corrective action form is regarding two files in which you did not provide quality service and the insured’s requested a new file handler.” I asked, “which files are you referring to” and the Supervisor’s response was, “Again, <Veteran’s name> do not start with me.” 

At this point I asked the Supervisor and Team Leader, “Why I did not have any representation from Human Resources and why I was not notified of any pending investigation against me, and why I was not given an opportunity to defend the allegations prior to the final judgment” I also stated, “this is clearly a violation of Due Process.” The Supervisor and the Team Leader’s responses were, “You do not need representation and we do have a Human Resources Department which is in Eau Claire, WI, however the CFO is here in Springfield.” Also we are not required to notify any employee of an investigation and we have the right to decide if the employee will be permitted to defend themselves against any allegations.” “You also do not have to sign this form if you do not want to, it is not mandatory that you sign it and you are given the opportunity to write in your explanation of what happened, if you want.”

I stated, “Since you’re not going to allow me the opportunity to defend myself and these allegations then I will not sign the form and I would prefer that you allow me to read the forms, versus you (the Supervisor) read them out loud.” The Supervisor stood up at this point, leaned over the table, hovering over me and slammed both of his fists into the table and yelled in a very forceful threatening manner, “<Veteran’s name> I told you not to do this and you need to sit there and just be quiet” 

At this time I informed the Supervisor and Team Leader in a very calm voice that “I am “triggered” and need to step outside of the room so that I can gain control of my PTSD and anxiety and then return in a calm state of mind” The Supervisor continued to hover over top of me with his fists pounding the table and the Team Leader also stood up and stated along with the Supervisor, “You’re not going anywhere.” I remained seated in my chair, hands gripping the arms of the chair, with my back to the corner and the two supervisors, one of whom was acting in a threatening violent way, I could not leave and found myself in a threatening situation. Again I stated very clearly, “<Supervisor’s name> I need to leave this room right now because I feel threatened.” Again both the Supervisor and Team Leader refused to allow me to leave the room.

The Team Leader also stated, “<Shortened version of Veteran’s name>, you need to shut up and listen, because regardless of what you say it is not going to change anything.” “I spoke with the insured’s and I am the one making this decision, regardless of what you may or may not have to say.” I stated to the Team Leader, “My name is <full name of Veteran’s name>, or <Veteran’s last name>, or <Veteran’s Service Title>, a rank which I earned, my name is not <shortened version of Veteran’s first name>, and I would appreciate it if you did not address me as such” “Is this the type of leadership training you acquired at <fast food establishment where Team Leader was formerly employed>.” At this point the Team Leader began to yell and shake his fists at me. Due to the extremely loud ringing in my ears as a result of the escalating anxiety and induced panic attack I was experiencing, I could not make out anything that the Team Leader was saying, only that his body language was one of anger with his fists and teeth clenched.

The Supervisor made a motion towards the Team Leader to leave the room, prior to which, I asked “<Team Leader’s Name> I do not mean any disrespect, however have you ever managed a reconstruction project?” The Team Leader shook his head no. I responded by saying “If you would work a file to completion including the reconstruction then you might gain a better understanding of what the Reconstruction Department deals with on a day to day basis” The Team Leader then walked away, slamming the door as he left.

At this point, the Supervisor had sat down and we began talking about the corrective action form, which I stated that the allegations were false and the Supervisor agreed to allow me to provide documentation that would prove so. The Supervisor also stated, “I understand the PTSD was triggered and I should have let you walk away, so I’m not going to write you up for insubordination.” The meeting was concluded at this time, and I spent the next hour researching the claims and provided the documentation to Brad, via an email, which showed I had not provided poor quality or service.

On 11/14/2013 at approximately 1015 hrs I was sent an email from CFO for CodeBlue requesting that I meet with him and the COO at 1300 hours. No reason for the meeting was given. I forwarded the email to my wife at 1023 hours EST as an fyi, so that she could be there as a witness and advocate for me. At approximately 1030 hrs EST the COO approached my desk and requested that I meet with him and the CEO for HSG CodeBlue in the CEO’s office. When seated in the CEO’s office, COO stated “We’ve asked you here today to discuss what transpired yesterday” I was given the opportunity to discuss my defense about the quality service issue with two claims. After which, the CEO and COOl both stated, “Well that’s one thing and we don’t know what’s in the file or not, but that’s not what we want to talk to you about” “We want to talk to you about the insubordination which you displayed in the room yesterday with the Supervisor and Team Leader, specifically the words that you spoke against the Team Leader.” The COO said that he was informed I told the Team Leader he should go back to flipping burritos and that he should address me as private sergeant something. I don’t know what it is and it doesn’t really matter.” I rebutted and stated that I did not tell the Team Leader to go back to flipping burritos and did in fact ask him if that was where he received his leadership training and if that is how he spoke to his employees there.” I also stated, “That the Supervisor had slammed his fists on the table and he and the Team Leader were both yelling and shouting and that my PTSD was triggered and I needed to leave the room so that I could re-group.”

The COO asked me to further expand on my PTSD, which I did so willingly and added that it is not something I discuss with other members of the work place, due to a previous incident where a former manager had made unnecessary comments such as “Oh, you’re not going to come in here and shoot everyone up, are you?”. 

The CEO then said, “I’m here to grow a business and I’ve known you for awhile now, where we’ll greet one another, etc. However as we continue to grow we need to have safeguards in place against any possible type of violent outbursts and we need to make certain that all of our employees follow the same protocols.” “It is because of this PTSD that you responded the way you did, and we cannot have that type of insubordination in this company.” The COO nodded his head in agreement. 

I stated, “So to clarify you both understand that I have been diagnosed with PTSD and that the actions in the training room by the Supervisor, whom I’ve filed several complaints about his violent outbursts, triggered an episodic event and I was denied my request to leave the room, preventing a further escalation by both the Team Leader and Supervisor.” I also repeated what the Supervisor had stated in the training room, “I understand the PTSD was triggered and I should have let you walk away so I’m not going to write you up.” 

The COO and CEO both stated, “At this juncture we feel it best for us to part ways.” I asked, “Why has nothing been given in writing, in the 3 years that I’ve been here I have had 1 review which was stellar and zero complaints filed against me” The COO said “that may well be but we cannot tolerate insubordination.” I responded by saying “how was I being insubordinate when I did not refuse to follow any directions or policies and procedures.” The COO stated “it is because your statement of how the Team Leader should address you and that made you seem superior to him, when in fact he is your superior.” I stated, “It’s clear that your decision was made prior to me walking into this office and though you have stated that it is because of my PTSD, you still are going to terminate me.” 

The COO said, “Yes that’s how it is, and I will look into what you claimed about the Supervisor, and we have been more than accommodating to you in these last few months.” I stated, “You have in fact not, because the reasonable accommodations that were requested and fall under the ADA were ignored and what was put in place was FMLA which is part of the Department of Labor, so please give me the dignity and respect by not walking me to the door, I will pack my bags and quietly walk out without making any noise or confusion.”

On 11/14/2013 at 1330 hrs EST I spoke with the Human Resources Manager, and asked if she was aware I had been terminated. She indicated yes and said what is it you need from me. I requested documentation stating that I had been terminated because the Department of Jobs and Family Services requires it, as proof of the need for services for my family. The Human Resources Manager said, I do not have to provide that nor will I. I then asked if she was aware of why I had been terminated and that there had been no writing leading up to it. She said Yes I am aware and I have an email outlining the incident here. I replied and stated, However you do not have the full story of the incident only one half of it. I denied the allegations brought against me and was told by the Human Resources Manager that it did not matter because it was my word against theirs and they were managers and she could do nothing. I stated that there was no due process and that this was clearly a witch hunt/retaliation because I had filed a complaint against the DOO, with the Department of Labor, and quoted COO and CEO, that it was due to my PTSD. The Human Resources Manager remained silent. I then asked why the numerous complaints I filed against the Supervisor were left untouched and why I was being terminated when just a few months prior the Director of Operational Excellence, had pulled his knife open and acted as if he was going to stab me and he’s still employed, when this was clearly a threat. The Human Resource Manager again remained silent. I then confirmed my final check and the incentive owed. I also let her know that they were in violation of the EEOC and when she asked what I wanted, I told her I wanted my job back.. The Human Resource Manager said, “we are an at will employer and we are not required to give you your job, back.” End of Call.

 

The Decision Makers

Paul Gross
Paul Gross
CEO HSG CodeBlue LLC
Michael Anderson
Michael Anderson
COO HSG CodeBlue LLC

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Petition created on December 5, 2013