Posted on Apr 18, 2016
Why would an employer never give time off for VA Appointments or any appointments for that matter?
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I started to question the fact that they would not give me time off, and every so often I would have to listen to a wise crack about my having a prosthetic leg I told my supervisor but nothing was ever done. I had an impeccable work history with them, never written up since I started 4 yrs ago, awesome annual reviews. And Last week I was terminated. I just don't get it, has any one else had to deal with this and did you recover?? Yes I am taking this very hard, because I know my work ethic and being late or lazy does not exist. Thanks
Posted in these groups: 
Department of Veterans Affairs (VA)
Medical
Department of Veterans Affairs (VA) Medical
Posted >1 y ago
Responses: 12
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your civi employer has a job to do, and you are part of it, if you got the time use it or schedule around it, some employers are very responsive to the vet population, if you are worth keeping they will bend a few rules
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SFC Kenneth Hunnell
Sgt Gus Laskaris - So, what do you tell a service member that is put a situation that requires them to receive medical treatment due to service to country.
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This may sound hard hearted but an employee who misses work frequently is worthless to the company and can cause major problems for fellow employees. Unless your job is really not needed someone else has to cover your duties or some jobs don't get done. If your absence does not cause a problem they probably don't really need you to start with. Some large companies actually hire more people than they need because they expect people to be undependable. Smaller companies can't afford to do that so they ultimately have to replace you.
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SFC Robert Luscomb
I was a field base employee, I would travel approx 242 days per year, I had no personal day, nor did I have sick time. I was under the assumption that for time
Off was needed all I would have to do is ask. Sometimes yes, when I was going home most of the times, go to the closest va the office personnel had the luxury of scheduling dr appts, field personnel did not have that leisure, and as you know how difficult it is to secure appts at the va
Off was needed all I would have to do is ask. Sometimes yes, when I was going home most of the times, go to the closest va the office personnel had the luxury of scheduling dr appts, field personnel did not have that leisure, and as you know how difficult it is to secure appts at the va
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SFC Robert Luscomb
Asking for a day off to attend an already hard to get va appt is hardly being un dependable. Being constantly shot down for said appts is outright discriminatory against a vet or disabled person. For four years I had to postpone back surgery, shoulder surgery, I was willing to take my vacation but that was going know where. Oh and when some of the people found out I have PTSD I had to listen to the "I hope I'm not here when you go on the shooting spree" what kind of BS is that. That's what I had to deal with and not to mention my amputation jokes, about how I had no leg to stand on or at least you can get your foot stuck under the door. I kept my mouth shut and drove on. But somehow in the post I wrote I became the bad employee, whom had never been written up, or counseled verbally or in writing, and high marks on my annual reviews. Yes I was replaced but not for being a burden on my company.
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That sounds like discrimination and is almost certainly a violation of the ADA laws. I would highly recommend talking to a JAG office or lawyer about what happened.
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SFC Robert Luscomb
I worked for an employer like that, I asked for time off to attend a VA appt and a few days later I was terminated. Never had any bad reviews or write ups and my fellow employees were as shocked as I was. I filed a complaint with the EEOC and got my job back 8 months later and they had to pay all my back wages and benefits. Plus a little extra. Driscrimination does happen and for we don't act employers will keep discriminating against disabled vets.
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"Late" is convenient. BTW not providing appropriate accommodation is typically a violation of ADA and comes under the purview of the EEOC. You probably don't want to work for this employer, but you can still file a complaint. Your state may not be worker friendly, but that doesn't matter at the Fed level.
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SFC Robert Luscomb
I did file an EEOC complaint and have since been reinstated back to my job with full back pay and a don't f with me letter from the DOJ I thought it appropriate to take my job back just so they (management) had to look at my face every single day. And when they find a valid reason to fire me, then I will take it like a soldier.
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After I was hired, I had a sit down with the firm leadership and addressed some of the items that I already had commitments or requirements. I do not have vacation days because I am new therefore Leave Without Pay for the hours away is more than fair. We set mutual agreements and expectations. I kept the time away to a minimum. I do recognize that this will not happen at every company or employer.
Like SFC Kenneth Hunnell mentioned, you become a liability. There hard question to answer is where can you go where you become an Asset and bring value to the company.
Like SFC Kenneth Hunnell mentioned, you become a liability. There hard question to answer is where can you go where you become an Asset and bring value to the company.
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First of all file for your unemployment. Look very close at the reason for termination. You can file with the department of Wage and Hour Division (WHD) - U.S. Department of Labor. Here is the link ....... http://www.dol.gov/whd/. Let me say this off the top. As an employee, you have to take care of your health. Your boss or company will not. They can not deny you a time off for doctor appointment be it VA or your local doctor. Just know its time to move on to something better. As a manager, I want me, people, to be health. It is my job to ensure that they receive the proper care. Which means I must have good insurance and If I can not provide them with it I must find a way to compensate them for their work.
Wage and Hour Division (WHD) - U.S. Department of Labor
The DOL Wage and Hour Division administers the wage, hour, and child labor provisions of the Fair Labor Standards Act, and programs covering government contracts, farm labor, family and medical leave, immigration, and polygraph testing.
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When I was a mechanic, I had several bosses that just didn't care about injuries or disabilities. Some of the crap I witnessed got dangerously close to violating labor laws like the ADA or the Rehabilitation Act. This one time I had a wrench slip which made me punch the engine block and I broke 2 fingers. When I asked my boss if I could go to the doctor he blew up. There was a huge tantrum and he threatened to fire me over lowered productivity from this injury. I ended up running across the street to a CVS where I bought some finger splints and tape, then I had to go right back to work. Now I work at the VA, and one of the few really positive things I've seen here is they have no problem giving people time off. I average about 2-3 half days off a month dealing with appointments for my s/c disabilities. As long as I have leave on the books, they don't care.
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Where you are (state-side), are they an "at will" state? Meaning that they can fire you over anything and everything. I'm sorry that happened to you. Try to get some information on the situation; apply for unemployment while you continue to search (it's pulling money from the state/fed but it's helping you get some money in your pocket).
Good luck!
Good luck!
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Col Joseph Lenertz
Yes, learn your state's laws on hiring and firing practices. Find out if you are a protected sub-class. If you believe that your disabled status was even part of the reason they fired you, and you have evidence of this, you may have a case, depending on state law.
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What company did you work for. I am assuming a small company. Many employers will give you the time off if you schedule sick leave ect.
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SFC Carlos Gamino
As a matter of fact, you can also make your appointments on your days off and like I said previously, schedule your sick leave for Dr. appointments. Your employer has no business knowing what kind of appointment you have.
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Capt Seid Waddell
SFC Robert Luscomb, sounds like a pretty sorry employer to me. You are probably better off without having to work with a$$holes like that.
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