Guest guest Posted February 10, 1999 Report Share Posted February 10, 1999 Kayleigh, Thanks so much for your input. I've been terribly anxious and depressed over the proposed settlement, and I want to try to make the best of a bad situation. Your comments are very helpful. To answer your questions: Yes, my company (a commuter train and bus service) is part of a state transportation agency. As a " public service " of sorts, its existence is guaranteed; therefore it's not expected to be self-supporting through passenger fares, and is heavily subsidized by " mass transit " funds earmarked by the state legislature. Accountability for how these monies are used seems to be minimal. Both the company EAP and the outpatient " treatment " program it mandates are paid for out of the operating budget, i.e. " in whole or in part by funds from the New York State Treasury " which is what gave me grounds to sue for Establishment Clause violations as a state taxpayer. Unfortunately there is no money riding on this kind of suit. In similar suits against state-mandated 12-step participation, there have been nominal damages of 1 dollar awarded. Being damaged by being forced to listen to insipid 12-step religious dogma doesn't have a monetary value attached, and the fact that I was incompetently diagnosed and sent for worthless and unnecessary treatment is beyond the scope of a constitutional claim. " Wrongful discharge " , which might interest the EEOC, doesn't apply because I was never fired; in fact, I was never officially under suspension or any other kind of disciplinary action. My status for 7 1/2 months was " unpaid leave of absence due to medical treatment. " These bastards make themselves sound magnanimous -- " We don't punish you, we help you! " Anyway, the federal suit was for injunctive and declaratory relief from 12-step participation as a condition of state employment (tho he asked for damages anyway just for the heck of it). But I never intended for this to be the only corrective action I took. Yes, we had gotten to the discovery stage; that's when I saw the bizarre things in my treatment records, as well as hearing in the treatment counselors' deposition that all patients referred by my agency's EAP are given identical 9-month treatment irrespective of symptoms or history; I thought there might be a fraud/malpractice issue there that I could pursue. Also, " CEAP " is a national certification, and the Employee Assistance Professionals Association has a detailed code of professional conduct, and an official and involved complaint and disciplinary process. I filed an 8-page complaint to them, carefully wording it to have no overlap with the suit (which is forbidden by EAPA rules) by addressing only Mr. Creep's substandard diagnostic evaluation and unjustified treatment and no-work mandate. THAT is what the company is demanding I withdraw. They desperately want to retain the right to keep employees out of work and in punitive, degrading " treatment " for protracted periods of time based on a single d/a test. They are quite willing to drop the XA requirement if they can keep the _real_ power. " Future action " of course refers to actions or complaints relating to my EAP involvement from 10/97 to 9/98. I almost wish he would break my jaw tomorrow, at least then I could have him dethroned. It makes me sick to drop the misconduct complaint and let him come up smelling roses, but I'm painted into a corner financially: if I don't settle, I'm stuck with the legal fees. The settlement requires the company to pay all fees. I don't know the exact wording of the proposed settlement. My attorney said he's pushing for a proviso that all EAP victims be given a written statement advising them that 12-step programs are religious in nature and that they may refuse to attend meetings or instructional sessions that promote that ideology. The hospital has already removed the step posters from the walls and instructed the staff to use phrases like " 12-step meetings or alternative recovery meetings of your choice " when " counseling " people on what is " necessary " to stay sober. Nonsensical, of course, but not 12-step coercion. The hospital definitely does not want to lose that gravy-train contract with my agency; I think they'd go bankrupt without it. So no Steps it is. Several hard-core stepper counselors have already resigned. So I suppose my suit actually has inspired a tiny bit of change. Untouched in the settlement is my civil service grievance (my blood alcohol was below the prohibited level, so according to our labor contract I never should have been removed from service or sent to the EAP) because this is considered a collective bargaining issue, not an EAP issue. This will be decided by an impartial labor arbitrator. If I win, I get back ALL my back pay, sick leave, vacation etc. for the time I was out, plus possibly the " alcoholism " diagnosis and all reference to " treatment " might be removed from my work record. That would be really wild if that 8/1000 of a point technicality ended up getting me the most mileage! Thanks for hearing me out, I'm feeling a bit better already. ~Rita -------------------------------------------------- > Hi, Rita, > > It is a good sign that your company wants to settle, but there are a couple things that I see as red flags. > > " Future " complaints: I hope the language is a lot tighter than this. Retaliatory moves should be excepted, also complaints that are not the subject of your current lawsuit. What if he breaks your jaw? Will you be allowed to complain? Against him personally for medical expense and pain and suffering? To the police for the assault? To his licensing board (whatever that may be) for unethical behavior? > > Not " forcing anyone into 12-step treatment " : Who will monitor this? How will anyone be sure that they are not? They have a contract with their present 12-step provider; is that provider a party to the lawsuit? If not, isn't the contract still valid? Are they required to contract with the lowest bidder? What if, in future, the lowest bidder is a 12-step provider? I have gotten the impression that your employer is a state agency, tho I may be wrong, but if I am right, note that state agencies are bound by numerous federal and state regulations regarding procurement, which your lawsuit probably cannot affect. > > As to this issue, too, note that most treatment providers will insist they are not 12-step programs, and AA will insist they have no affiliation with treatment programs (because they " have no opinion on outside issues " ). Somehow treatment providers and AA have gotten people to buy into this notion for years. This is a huge loophole, and permits the treatment provider to continue to promote AA and the 12-steps while your employer can state that they are not forcing anyone to participate in a 12-step program. > > Perhaps you and your lawyer have thought of all these things, and probably the settlement language is tighter than your letter suggests. But even then -- what about monetary damages for you? Surely you deserve more than a change of behavior on your employer's part, which you probably will not even be able to verify. > > I don't know how far you have progressed into the lawsuit, whether it is only at the complaint stage, whether there have been motions to dismiss and if so, whether those motions were denied, whether there has been discovery and if so, how much, and so forth. If your employer wants to settle, however, you have the upper hand, so wring them out. This is not a stone you are bleeding, it is a living, breathing, human institution. > > --- > Kayleigh > > Zz > zZ > |\ z _,,,---,,_ > /,`.-'`' _ ;-;;,_ > |,4- ) )-,_..;\ ( `'-' > '---''(_/--' `-'\_) >-------------------------------------------------------- ------------------------------------------------------------------------ Quote Link to comment Share on other sites More sharing options...
Guest guest Posted February 16, 1999 Report Share Posted February 16, 1999 Sorry to be a week late getting to this, I've been too busy to read e-mail and the volume is intimidating. Having read what you say, I think the settlement may be a good thing. If counselors have resigned, if the hospital is complying with certain conditions without the settlement having been implemented, you have accomplished a hell of a lot more than most. Mr. Creep's career is on the line, and you have made him sweat bullets, no doubt. Also, your union complaint may (hopefully WILL) get you the $$ you deserve. It should, because your company obviously transgressed. Is it really so awful if your company can still refer people to treatment but the 12 steps are not mandated? That should relieve them of the Procrustean 9 mo. treatment. Am I overlooking something here? I think you are in a good position. --- Kayleigh Zz zZ |\ z _,,,---,,_ /,`.-'`' _ ;-;;,_ |,4- ) )-,_..;\ ( `'-' '---''(_/--' `-'\_) > >Kayleigh, > > Thanks so much for your input. I've been terribly anxious and depressed over the proposed settlement, and I want to try to make the best of a bad situation. Your comments are very helpful. > > To answer your questions: Yes, my company (a commuter train and bus service) is part of a state transportation agency. As a " public service " of sorts, its existence is guaranteed; therefore it's not expected to be self-supporting through passenger fares, and is heavily subsidized by " mass transit " funds earmarked by the state legislature. Accountability for how these monies are used seems to be minimal. Both the company EAP and the outpatient " treatment " program it mandates are paid for out of the operating budget, i.e. " in whole or in part by funds from the New York State Treasury " which is what gave me grounds to sue for Establishment Clause violations as a state taxpayer. > > Unfortunately there is no money riding on this kind of suit. In similar suits against state-mandated 12-step participation, there have been nominal damages of 1 dollar awarded. Being damaged by being forced to listen to insipid 12-step religious dogma doesn't have a monetary value attached, and the fact that I was incompetently diagnosed and sent for worthless and unnecessary treatment is beyond the scope of a constitutional claim. " Wrongful discharge " , which might interest the EEOC, doesn't apply because I was never fired; in fact, I was never officially under suspension or any other kind of disciplinary action. My status for 7 1/2 months was " unpaid leave of absence due to medical treatment. " These bastards make themselves sound magnanimous -- " We don't punish you, we help you! " > > Anyway, the federal suit was for injunctive and declaratory relief from 12-step participation as a condition of state employment (tho he asked for damages anyway just for the heck of it). But I never intended for this to be the only corrective action I took. Yes, we had gotten to the discovery stage; that's when I saw the bizarre things in my treatment records, as well as hearing in the treatment counselors' deposition that all patients referred by my agency's EAP are given identical 9-month treatment irrespective of symptoms or history; I thought there might be a fraud/malpractice issue there that I could pursue. Also, " CEAP " is a national certification, and the Employee Assistance Professionals Association has a detailed code of professional conduct, and an official and involved complaint and disciplinary process. I filed an 8-page complaint to them, carefully wording it to have no overlap with the suit (which is forbidden by EAPA rules) by addressing only Mr. Creep's substandard diagnostic evaluation and unjustified treatment and no-work mandate. > > THAT is what the company is demanding I withdraw. They desperately want to retain the right to keep employees out of work and in punitive, degrading " treatment " for protracted periods of time based on a single d/a test. They are quite willing to drop the XA requirement if they can keep the _real_ power. " Future action " of course refers to actions or complaints relating to my EAP involvement from 10/97 to 9/98. I almost wish he would break my jaw tomorrow, at least then I could have him dethroned. It makes me sick to drop the misconduct complaint and let him come up smelling roses, but I'm painted into a corner financially: if I don't settle, I'm stuck with the legal fees. The settlement requires the company to pay all fees. > > I don't know the exact wording of the proposed settlement. My attorney said he's pushing for a proviso that all EAP victims be given a written statement advising them that 12-step programs are religious in nature and that they may refuse to attend meetings or instructional sessions that promote that ideology. The hospital has already removed the step posters from the walls and instructed the staff to use phrases like " 12-step meetings or alternative recovery meetings of your choice " when " counseling " people on what is " necessary " to stay sober. Nonsensical, of course, but not 12-step coercion. The hospital definitely does not want to lose that gravy-train contract with my agency; I think they'd go bankrupt without it. So no Steps it is. Several hard-core stepper counselors have already resigned. So I suppose my suit actually has inspired a >tiny bit of change. > > Untouched in the settlement is my civil service grievance (my blood alcohol was below the prohibited level, so according to our labor contract I never should have been removed from service or sent to the EAP) because this is considered a collective bargaining issue, not an EAP issue. This will be decided by an impartial labor arbitrator. If I win, I get back ALL my back pay, sick leave, vacation etc. for the time I was out, plus possibly the " alcoholism " diagnosis and all reference to " treatment " might be removed from my work record. That would be really wild if that 8/1000 of a point technicality ended up getting me the most mileage! > > Thanks for hearing me out, I'm feeling a bit better already. >~Rita > >-------------------------------------------------- > >> Hi, Rita, >> >> It is a good sign that your company wants to settle, but there are a couple things that I see as red flags. >> >> " Future " complaints: I hope the language is a lot tighter than this. Retaliatory moves should be excepted, also complaints that are not the subject of your current lawsuit. What if he breaks your jaw? Will you be allowed to complain? Against him personally for medical expense and pain and suffering? To the police for the assault? To his licensing board (whatever that may be) for unethical behavior? >> >> Not " forcing anyone into 12-step treatment " : Who will monitor this? How will anyone be sure that they are not? They have a contract with their present 12-step provider; is that provider a party to the lawsuit? If not, isn't the contract still valid? Are they required to contract with the lowest bidder? What if, in future, the lowest bidder is a 12-step provider? I have gotten the impression that your employer is a state agency, tho I may be wrong, but if I am right, note that state agencies are bound by numerous federal and state regulations regarding procurement, which your lawsuit probably cannot affect. >> >> As to this issue, too, note that most treatment providers will insist they are not 12-step programs, and AA will insist they have no affiliation with treatment programs (because they " have no opinion on outside issues " ). Somehow treatment providers and AA have gotten people to buy into this notion for years. This is a huge loophole, and permits the treatment provider to continue to promote AA and the 12-steps while your employer can state that they are not forcing anyone to participate in a 12-step program. >> >> Perhaps you and your lawyer have thought of all these things, and probably the settlement language is tighter than your letter suggests. But even then -- what about monetary damages for you? Surely you deserve more than a change of behavior on your employer's part, which you probably will not even be able to verify. >> >> I don't know how far you have progressed into the lawsuit, whether it is only at the complaint stage, whether there have been motions to dismiss and if so, whether those motions were denied, whether there has been discovery and if so, how much, and so forth. If your employer wants to settle, however, you have the upper hand, so wring them out. This is not a stone you are bleeding, it is a living, breathing, human institution. >> >> --- >> Kayleigh >> >> Zz >> zZ >> |\ z _,,,---,,_ >> /,`.-'`' _ ;-;;,_ >> |,4- ) )-,_..;\ ( `'-' >> '---''(_/--' `-'\_) > > >-------------------------------------------------------- > >------------------------------------------------------------------------ >Recipes, relationships. Horoscopes, health. >Fashion, fitness. If it's about women, it's at HomeArts.com. >http://offers./click/212/0 > > > Quote Link to comment Share on other sites More sharing options...
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