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I WAS JUST FIRED!!

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  • I WAS JUST FIRED!!

    Help me out, please!!!!

    I was in the Omaha Police Department training academy in Omaha, Nebraska until February 4, 2002. The academy began on November 26, 2001. Nearly 8 weeks into the academy, it was discovered by the media and police personnel that the new recruits (including me) and those since 1996 had not completed a medical exam by a doctor as required by state law. In an effort to cover the mistake, OPD sent my recruit class to a doctor 10 weeks into the 21 week academy.
    The doctor they sent me to thought I may have a problem with my heart after completing an EKG since I had a couple of prior fainting episodes. He sent me to a cardiologist, who then coducted a stress test, echocardiogram, and made me wear a heart monitor. The first two tests went very well, but the cardiologist thought I had an electrical problem with my heart and that I needed a pacemaker (I am only 28 yrs. old) after reviewing the heart monitor results. He referred me to an electrocardiologist who actually does these type of surgeries. This doctor told me everything is fine and that I am healthy; that the other two doctors overreacted. Prior to OPD receiving the final doctor's report that I was fine, the department terminated my employment. I have since had two other doctors, an internist and a cardiologist, indicate there is nothing wrong with me and there is no reason to avoid participating in police work. I have gone to the media, two news stations and the Omaha World Herald newspaper (you can see the article at Omaha.com; the article is located in the Midlands section on February 9, 2002; need to start by clicking on the archives section). I have filed complaints with the Nebraska Equal Opportunity Commission based on a medical discrimination. In addition, I have also notified CALEA since OPD is nationally accredited at this time, but OPD has violated some of CALEA's standards. I have also discovered the department has violated the American Disability Act by allowing some recruits to obtain medical exams while waiving the exam for others. The Nebraska State Statute has been violated by not requiring every police recruit to pass a medical exam prior to entering a law enforcement training academy. The ACLU is not interested in the complaint, but I do have a friend that is a state senator that is trying to help out. I have also notified my city councilman. I am wondering if there are any other avenues you may be aware of for me to take since I am not getting too far on my own. If you know of anything else I can do or any other agencies that should be notified or anyone else that might be able to help, please email me!!

    The problem I have is that the police department terminated my employment after seeing the second doctor, and prior to receiving the electrocardiologist's report. It has been 4 weeks now and even my attorney cannot get a formal explanation as to why I was terminated. I already know there were no other problems in the academy up to the point of termination.

    Please let me know and thanks for your help ahead of time.

  • #2
    You may have a right to appeal through Civil Service is the department is civil service. The department I work for, probationary employees have very limited rights of appeal to civil service. You may have a right to file a grievance through the City's Human Resources Department. I would imagine that you can take them to court.

    [ 03-02-2002: Message edited by: Evnings ]
    RADAR is the 8th wonder of the world.

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    • #3
      I would hit them where it really hurts, the pocket book!!!

      I would sue!

      Everybody else does.

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      • #4
        Sorry to hear about your misfortune. Sounds like you are doing everything possible. I would look for a new agency though. If you have had to file all of those complaints, it's not going to look good to the guys on the street if you eventually do get hired back. They may think that if you don;t get your way, you'll sue. Find another agency, go to work for them and make sure you don't back down from what you have going on already.
        As my friend says: All Narc, No Bite

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        • #5
          I think I would find out what caused the fainting spells and if that is nothing serious hit them in the pocket book like someone said then switch agencies since the'll be over your shoulder all the time looking for a reason to get rid of you. Good Luck.
          Stay safe and watch your back. Survived Katrina. Now a Official member of the Chocolate City Police.

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          • #6
            With some, if not most, agencies, you are considered an "at will" employee during the academy and until you are off probation. This means that you can be terminated at will for any reason....legitimate or not. You probably have very little recourse unless you can prove that you were discriminated against in some way.
            "Before you criticize a man, walk a mile in his shoes. That way, when you do criticize him, you'll be a mile away and you'll have his shoes."

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