grievance-form-1

i’m completing a Grievance form, this is a grievance, so I’m not sure if all the emotion is correct. Its not a matter heard in court, so hearsay and other information are allowed. Im unsure if im putting too much emotion when writing or should i focus on the facts? there was a lot of documents to read, but i got the main facts there.

This is due tomorrow at 8:00 am, but i still have to present it in front of everyone, thats why i need it to be ready and prepare for tomorrow. I just need a quick review and organization,

This is what needs to be completed in the form:

**********************************************************************************************************************************

1. The issues are (use attachments if necessary):

Exhibit A

2. The facts supporting this are (use attachments if necessary):

Exhibit B

3. The relief I want is (use attachments if necessary):

Exhibit C

**********************************************************************************************************************

this is what i have for exhibit A:

The issues are:

Regarding my work-related right shoulder injury. With no warning, transparency, or due process, and with only had my nineteen work days on light duty. To my complete surprise, I received a conference call on a Friday, October 25th, 2019, at 2:20 PM with Angel Miller, Teresa Hutter, and Karen Robertson to inform me that I can take a job as a dispatcher with a twenty percent pay reduction, or separation from the department. Also, I had to decide at that moment, and if I did not take the offer, I would be without income or health insurance. I am almost a thirteen-year employee of the Virginia State Police (VSP) with just shy of 17 years in Virginia Retirement System (VRS) and a loyal employee with no prior disciplinary actions.

During this conference call, they kept referencing a letter from VSP’s department physician, Dr. Verheul, and that they are only following the recommendations from his letter. Also, this decision ultimately made by Captain Kaplan.

I started to inform them that there was a lot of new information such as one, I got another opinion from another orthopedic doctor, which was very positive, and she thought I could return to work after surgery. Also, I had an appointment with a third orthopedic surgeon for a third opinion. These were not considered in Dr. Verheul’s letter.

Two, I was just recommended to be placed on short-term disability from my workers’ compensation’s orthopedic surgeon Dr. Campbell. Also, I already made a short-term disability claim with Reed group, can I at least have due process and go on short-term disability and let this play out because I know I can make it back to full duty status, and that Nineteen days on light duty was not enough time, and this was way too early in the process to make such a judgement.

Third, I stated I need another week just to separate I was in the middle of a human/labor trafficking case with Homeland Security Investigations (HSI) on the Eastern Shore with the informants being my contacts which was my light duty assignment, which I was working it behind a desk at the Norfolk federal building, and also I need to turn my equipment in and turn over my cases.

Ultimately, they informed me that I was not listening and that I had to make a decision now, and I was afforded no additional time even for such a monumental decision of the change in pay, benefits, and retirement. I brought up that I would not take a dispatcher position, but I have been trained in the U.S. Navy as an electronics technician, so I would consider a communication technician to which they stated yes, we could do that since that job had an opening and was available.

Since the communication technician job salary had to be worked up, they stated to me that we would continue this on Monday. They also stated that they would also relay this new information that I provided during our conference call to Captain Kaplan. I thought to myself at this time with this new information that Captain Kaplan will do what is right and decent by letting me go on short term disability so I can get my surgery and make it back to work. Because this issue was still unfolding and a lot of positive news on my shoulder was forth coming, which greatly mitigating the current information at this time.

I was surprised to see I got a call back at 3:35 PM from personnel to which I was not expecting any further communication until Monday. They informed me that they talked to Captain Kaplan, and he will not change his mind, that I will have to call personal at noon on Monday to get my new salary information, and at that point let us know if you will take the communication technician job (which was nine percent pay cut). Also, they informed me that if we do not hear from you by noon on Monday, we will consider that a no, and we will then separate you from the department.

Over the weekend, I had communication with VSP’s association to which I am a member. And I informed their attorney Bill Etherington what had happened to me on Friday, and I was informed he had called Lt Colonel Lyons and informed him what was going on.

Monday, I called around noon to personnel as instructed, and I was informed since I let people know that the whole situation was on hold from a Major coming down and putting this on hold. I was relieved again, and I thought common sense and decency would win out. Then around 4:00 PM, I was informed that Captain Kaplan stated this is his show, and he is in charge and that this was happening today by close of business! I was then instructed that I had to make the decision immediately to which I turned down the communication job at a nine percent reduction in pay and was terminated on Monday October 28th, 2019.

On Tuesday, my boss Lt Penree came to get my equipment and take my badge and gun. After much discussion with friends and family and only getting about 10 hours of sleep since Friday from all the stress this has caused, I decided that if the job were available, I would take it. To which It was, and I was instructed to report to Richmond SPHQ at 0830 the next day (Wednesday) to start training. Not only have I lost almost 500 dollars a month in salary, but I been paying an additional 100 dollars a week in gas in my vehicle to drive back and forth to Richmond (180 miles round trip). This cost I did not pay before because I had a VSP’s vehicle. This whole situation has been a huge adjustment for my family.

****************************************************************************************************************************************

This is what I have for Exhibit C

The relief I want is:

For the Virginia State Police to return me to my sworn position as a Special Agent in Drug Enforcement Section (DES) as a Drug Diversion Unit (DDU) in 5th Division. With my original salary, and be paid back the loss of my salary from the effective pay date of the change of October 25, 2019.

*****************************************************************************************************************************************

Exhibit B The facts supporting this are: No due process, or transparency, and total lack of a definitive basis for a proper decision Dr. Verheul’s letter was the basis for the decision and was done too early in the process and lacks any definitive statements. Regarding, Dr. Verheul’s letter I was told by many that Dr. Verheul is basically a rubber stamp from the specialist. At the time I had no idea what could come from General Order ADM 14.10 Fitness for Duty Examination (which from reading it gives no mention, this process lack transparency, and I was giving no information from personal who deal with this on a regular basis). So, I was not worried, and I only signed a medical release for Dr Brick Campbell, who is my Orthopedic surgeon and also my worker compensation doctor, and, none of my other Doctors I seen were included or brought with me to the exam (again, I did not realize I should be worried and making a case). I knew at the time I was unfit and ignorantly figured this is just the process, and I was working to become fit. (This is proven, by using my own money to see another orthopedic surgeon on November 8 th, 2019 for a second opinion, which was positive and again not included in Dr. Verheuls review). Also, Dr. Verheul’s letter basis and basic foundation are flawed because it does not have the new information I obtained from my other two opinions, and even more important Dr. Campbell’s own opinion has changed, and he will sign me back to full duty, which was the basis for the whole letter to begin with that Dr Campbell would not sign me off to full duty. On November 22nd, 2019 I saw Dr. Campbell again. After I informed him what had happened, his opinion had changed, originally, he wanted to do a total shoulder replacement, and from this surgery he would not sign me to return to full duty with the apparatus installed. Other doctors I received opinions from would not preclude me solo on the apparatus, and if I showed good results, they would sign me off on return to full duty. Also, from my second opinion she was a Doctor who worked with Dr. Campbell in the past and she stated that Dr. Campbell is very conservative in his opinions and always sides with extreme caution and this is why he would not sign you off from a total shoulder replacement. Dr. Campbell now stated I still would not sign you off to return to work on a total replacement, and I recommended this surgery because it will elevate all your problems, including the pain. But we can go in to the shoulder and remove the bone spurs this would elevate your shoulder locking up and increase your mobility and cancel the extreme pain when you hit a bone spur (which were the reason I was taken off full duty), but your everyday stationary pain would remain (which is not much, my true problem is when I hit a bone spur and my shoulder would lock up), but he then stated with this surgery I would sign you off for return to full duty. Also, Dr Verheul’s letter to which again I was told by personnel is the whole reason the decision is based on is very ambiguous. “After replacement of the shoulder, there is no guarantee that he will be able to return to work. Currently special agent Kennedy controls his pain with ibuprofen as needed. Medial history is otherwise nondescript.” Does not guarantee sounds to me that I have a better than not chance of making it back to full duty. Finally, when I did talk to Dr Verheul during my exam on October 24th, 2019, he stated to me that he will be sending off his letter recommendation Tuesday or Wednesday of next week (29th or 30th). I was then informed by a supervisor that it will have to go up and down the chain of command and you probably will not hear anything until a week or two. But I get a call conference call the next day with the ultimatum with reduction of pay. What was the rush and why did personnel try to get this letter so quickly? (I was expecting to be ruled unfit, and I would still be able to use my short -term disability and light duty time I had remaining to make it back) This whole situation is a miss application of policy. This was basically a constructed firing with Tortious Interference and Intentional Infliction of Emotion Distress. Criteria for Tortious Interference In Schaecher v. Bouffault, decided June 4, 2015, the Virginia Supreme Court recited the elements of tortious interference with contractual relations as “(1) the existence of a valid contractual relationship or business expectancy; (2) knowledge of the relationship or expectancy on the part of the interferor; (3) intentional interference inducing or causing a breach or termination of the relationship or expectancy; and (4) resultant damage to the party whose relationship or expectancy has been disrupted.” The existence of a competitive relationship was not included. I did have a reasonable expectation of the ability to use short term disability concerning my workrelated injury at my current job. And was damaged by a reduction in pay and caused a lot of emotional stress when I should have been concentrating on getting better. Intentional Infliction of Emotional Distress Virginia recognizes a cause of action for the intentional infliction of emotional distress (IIED) where the following four elements are met: (1) the defendant’s conduct (statements or actions) was intentional or reckless; (2) the conduct was extreme, outrageous and intolerable; (3) a causal connection exists between the defendant’s conduct and the resulting emotional distress; and (4) the resulting emotional distress was severe. The important questions to be asked are: What was basis and reasoning for the extreme urgency of this decision? I was very early in my process only 19 days into light duty. Also, a reasonable person would think it would be appropriate to use a benefit that I was promised almost 13 years ago such as short-term disability which would have giving me time to make it back, and which my doctor recommended and I applied for prior to the call giving me the ultimatum conference call I also e-mailed FMLA request so I can have time to make it back but this was also ignored. Why is ok for me to go out on short term disability as a communication tech but not as sworn employee? From my perspective I am just a pong for the Captain of personnel to show his dominance over the position it does not matter from what I was informed the decision is not based on right and wrong or what is decent. Final points: Commonsense and decency would dictate that it is respectful to give a two week notice prior to leaving the department, but in return they call out of the blue and give no notice to get rid of you when you didn’t do anything wrong except perhaps be a little to honest. What did I do wrong to be treated with such disdain? Very unprofessional to be fired over the phone. Took my gun and badge with no advance notice. We don’t make friends on this job and since I do not have a concealed weapon permit it basically leaves be defenseless since I will not open carry Finally, I know our Colonel during his video messages references the VSP family. I am not asking for that I am Just asking for whom ever reads this how he or she would want to be treated in this situation. Just how I have always treated others. Let me go out on short term disability as a sworn employee and let me make it back to full duty to finish my last 7 years to full retirement.