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Discimination, Free speech and Confidentiality Issues

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J

joelmatson

Guest
What is the name of your state? CONN
I was a long-term employee of State of CT Department of Mental Health and Addiction Services (DMHAS). (or a government run health agency, if it cannot be identified) I was well qualified, cooperative, and energetic, with no disciplinary history. In 1996,a supervisor began acting privately psychologically abusive to me over a long period, which I attempted to address informally. Her behavior deteriorated to chaotic, and in a meeting she took grossly inappropriate action against me, taking away a work responsibility, which was not her prerogative. At that point I sought assistance from management. I had no problems functioning on the job. The manager heard the story, said I should not go back to work, because my worksite was not safe for me. (She later denied saying this, and falsely asserted that I had volunteered to go on leave). She promised to investigate. She placed me on leave, and never did investigate, which is her obligation under written policy. I was directed to Employee Assistance (EAP). My time out was greatly expanded due to management's unwillingness to address the fundamental issues (supervisor's erratic behavior). I returned 4 months later. My work performance was completely unremarkable, although problems with supervisor continued. Weeks later, Feb 1998, I filed 2 work rule violation reports regarding my supervisor (the first formal reporting). I was called into a meeting a day later, obviously before any meaningful investigation of the charges could be made. I was told that my reports indicated a lack of good judgment, which called my fitness into question. I was directed to go on administrative leave (by policy, only to be used for serious misconduct), and be independently psychiatrically assessed. My Union told me that I must obey the directive. I again strenuously stated my case, hoping the supervisor's behavior would be addressed. However, I complied, and I hired an MD to evaluate me. Management agreed to pay for it. (I objected to having my health care pay for it, because I was not ill). Per my release of info between only the manager and the doctor, management began giving patently false and misleading info to the MD. I became irate, and reported the situation to upper management and objected to doctor. Nothing was done, and the report was filed. (I believe now that this was slander/libel) The report was kept from me, despite my efforts to secure it. (This is a violation of the law, I am aware). Although the doctor was grossly misled, he found me fit for duty, and requested some conditions, most importantly that I was not to work directly with the supervisor, or meet alone with her. Human Resources (HR) without my authorization began carrying on secret written and verbal communication with the MD. This info was published widely among many echelons of HR. I just now, Nov 2003, have received documents indicating this sharing of my confidential info around the organization. (I am aware that this is a violation of law) In July 1998, with about 1 days notice, I was called in to a meeting where I was terminated due to the unreasonableness of the accommodations that the MD had requested. I expressed the desire to return with no conditions or accommodations whatsoever. At the meeting, I was still denied access to the doctor's report. I was told that I knew what the doctor's recommendations were, because I had asked for them. (This is not true, as the MD later swore). I was terminated. Later the HR swore that my expressed intention to resign trumped their need to consider accommodation. This is not true, as the Union could testify.
I hired an attorney, who in Dec 1998 filed with the Commission on Human Rights and Opportunities (CHRO) alleging discrimination based on perceived disability. (HR said they requested the psych eval due to the same issues coming up from the past when I had had treatment....)
Two years to the day of my termination, I filed in State superior court a free speech lawsuit, stating that I was terminated in retaliation for speaking out). At that point, my lawyer abandoned me, and the court action languished. (I was just told by the court that it is still "open"). Since I just received the docs showing that my confidential info was published widely, I just filed a lawsuit against the department, three employees who I allege acted maliciously, and the MD. State law allows a suit for violation of confidentiality. I also allege trover (using my property without my permission to cause me economic loss). I am hoping that the statue of limitations will not interfere with my ability to move forward, in that the documents have just come to light, between mid 2002 and Nov 2003, as the department has consistently tried to avoid providing documents. I have written the State's Attorney asking her to consider taking action on the criminal end (Confidentiality and trover). I have been completely financially ruined by this. (My income went form 60k+ a year to circa 5-20K a year.) During the time that the department was secretly planning my termination, I was taking on great financial obligations, (vacant properties) that I expected to make profitable, using my salary as seed money. Without that, I was left with large liabilities. As a consequence, I am on the verge of bankruptcy. I desperately need assistance, and advice. The CHRO lawyer is great, but does not represent my interests. My workload is overwhelming, as I attempt to avoid dissolution. I have suffered grievously, in part due to the fact that I was always a believer in management, in the basic goodness of HR, and that management, like everyone else, deserved the right to informally negotiate solutions. These beliefs have been crushed. My family also has suffered grave harm. I apologize for the length of this. Please give it consideration. Gratefully, [email protected].
 


J

joelmatson

Guest
At this point, my resources have been completely consumed. Thanks for your response.
 

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