CONSPIRACY REPORT Continues Part II
GENERAL ELECTRIC - SEDGWICK CMS
Welcome Friends to the GE - Sedgwick CMS Conspiracy Report. Here you will find more tales of Terror, Subversion and Immorality brought to you by your friends Jeff "Bullshitter" Immelt and David "Mad Dog" North.
When a simple "Cover up" Just Won't Do!
Story 1, Update
Acquisition of Smiths Aerospace by GE Aviation of
| DATES (Some Approx.) | INCIDENT/ACTION TAKEN | RESULTS | |
| 03/13/09 | My attorney advises me that the GE attorney handling my charge of Discrimination (we'll call him Les Burnem) informed the Ohio Civil Rights (OCRC) investigator that about the suicide blog I was accused of posting - and the forced leave as the company felt I was a direct threat… | Gee, do you think GE is attempting to influence the OCRC's investigator by making me out to be a whack-job? Nooo - they aren't capable of such underhanded and scandalous behavior, are they? Aside from that, if GE really BELIEVED that I wrote that psycho shit - then, well wouldn't they be violating some HIPAA or ADA privacy law in sharing this information with another source without my express permission and authorization? | |
| 03/16/09 | Talked to my ole buddy Billy Bad on phone - he's like, "My God it looks like an episode of CSI out here in the parking lot every morning with the changing of the guards." (He is referring to the off-duty police they have posted at both GE sites in Dayton, 24/7 since the day they forced me out.) He went on to say, "At first when I saw the cops, I thought they were FINALLY going to take Cujo outta here, but no such luck." | I asked BB what the people on site thought the reason was for the guards being posted to which he replied, "Everyone on this site believes they have been put there because of you. What the hell happened?" [WHAT HAPPENED? I THINK THEY CALL IT INTIMIDATION, DEFAMATION OF CHARACTER, RETALIATION, VIOLATION OF SARBANES-OXLEY LAW - Shall I continue?) | |
| 03/18/09 | Receive phone call from Zach Thomas at GE Disability assuring me that I have plenty of short-term salary continuation benefits at my disposal, plus LTD benefits as well once STD exhausted. Informed me the company was continuing my salary at 100%. Advised a packet of information would be forthcoming with authorizations for me to sign. | I explained to Zach Thomas that I had not requested any leave; that in fact, this was forced leave devised by the company in retaliation for my filing a Charge of Discrimination. He insisted that I should not worry, Kathleen Sanchez of GE Disability handled all of the executive mental illness cases and it would be kept in the strictest of confidence. | |
| 03/24/09 | Letter authored by Kathleen Sanchez; forms enclosed for employee authorization to initiate a claim and physician's statements to be completed by a doctor. | I DO NOT sign or return the forms. | |
| 03/30/09 | Letter from Zach Thomas of GE Disability stating my application for extended illness payments under the GE Salary Continuance Program has been approved effective 3-20-09. Salary continuation will be at 100% | WTF? I didn't sign any such application form requesting Extended Illness Payments! I phone Zach Thomas at GE Disability and tell him as much. He says that GE has filed an application for these benefits on my "behalf." He states that I must sign the claim application and return same to Disability Center or pay will stop. | |
| 03/30/09 | Dr. Bresler requests that I make trip to Cincinnati to review the summary report he and Dr. Masterson have "drafted" as a result of the 3-4-09 FFD evaluation. He also states that the release form I marked up and signed on 3-4-09 is prohibiting the doctors from releasing the report to GE Legal. | Dr. Bresler tells me he thinks I will be happy with the summary report he and Dr. Masterson prepared. We review for errors, found some, and he is to correct for final release. I signed a new authorization form which he stated allowed the release of the final report to GE. Bresler stated he would send copy of final report to me as well. Draft we reviewed made NO statement that I was UNFIT FOR DUTY. | |
| 03/31/09 | Several automatic deposits from GE Disability Benefits are received into my checking account. | I fax Zack Thomas a signed Employee Authorization for Salary Continuation benefits, altering the verbiage on their form to show "paid administrative leave at company request." I send cover letter with it, stating that by signing the form, I am not requesting a leave of absence, but responding to continued requests by GE Disability to authorize salary continuation since being put on forced leave by GE Aviation. I state there has been no documented diagnostic evaluation provided as a result of the forced FFD psych exam conducted by Drs. Bresler and Masterson for GE. I advise I am now represented by new legal counsel. | |
| 04/08/09 | Receive Fed-Ex'd letter from Zach Thomas at GE Disability Center dated 4-6-09 stating that they cannot accept the altered employee authorization I submitted as fully signed. They will discontinue benefits unless a sign one that has not been altered from its original verbiage. | Confer with attorney. I'm advised to sign it but put cover letter with it stating my reason for modifying the verbiage on the standard form. I also re-iterated that this is not an employee-requested claim for disability benefits and the leave of absence from my position with GE was and remains involuntary. | |
| 04/08/09 | My attorney faxes a Letter of Representation to Zach Thomas at GE Disability Center, and mails a confirming copy of same to him. | ||
| 04/10/09 | Benefits continue at 100%. Still have not received the Final Version of Drs. Bresler and Masterson's summary evaluation. | ||
| 04/16/09 | My attorney receives notification from OCRC investigator that the on-site visit to GE will take place last week of April to talk to my witnesses. | Update and detail out my witness list and provide to attorney and OCRC investigator. Advise that some of them could be skittish now since the retaliation they witnessed on 3-3-09. Also, colleagues advise many corporate Legal and HR people buzzing about the site for days at a time. | |
| 04/17/09 | Zack Thomas at GE Disability Center advises my attorney he has not rec'd the faxed (or mailed) Letter of Representation. | Attorney's office re-faxes the Letter of Representation to Zach Thomas. (Running up my legal bills!) | |
| 04/20/09 | Zach Thomas from GE Disability Center advises my attorney that they have Dr. Bresler's final report, and that they will discontinue STD payments unless I undergo follow-up treatment. Neither my attorney or I have received the final summary report from Bresler and Masterson! My attorney makes that request to Zach Thomas. | ||
| 04/22/09 | Investigator and Mediator from OCRC contact my attorney. GE now wishes to mediate charge of discrimination. | My attorney recommends we attempt mediation; OCRC investigator's scheduled trip for on-site visit is therefore cancelled. Mediation to take place at OCRC on May 19, 2009. | |
| 04/23/09 | Zach Thomas from GE Disability calls my attorney. He now claims they cannot release the Report on FFD until he receives a signed HIPAA medical authorization signed by me authorizing them to release my records to the attorneys. (Despite making my attorney send a formal e-mail request, and prior to that, the letters of representation). | Running up my legal bills . . . | |
| 04/27/09 | My attorney receives a letter in the mail dated 4-23-09 from Amanda Cogley (Appeals Section) of GE Disability stating they cannot proceed with releasing the information requested because they do not have a signed letter of representation and release of information completed by me! | Lies, Lies, and more Lies! Running up my legal bills…. | |
| 04/28/09 | I am sent more forms from my attorney to sign authorizing them to get the requested information from GE Disability! | I complete them and fax them back, mail originals. | |
| 05/13/09 | My attorneys have STILL NOT received the requested information - including Bresler & Masterson's FFD summary report from GE Disability! | My attorney reaches out to a senior member of the law firm indicating that she had just gotten off the phone with GE Disability, "and I am getting the colossal run around and they are flat out lying to me about things. . ." | |
| 05/18/09 | My attorney FINALLY gets a copy of the finalized Fitness for Duty Summary prepared by Bresler & Masterson from of all people - a lawyer from GE Legal in Cincinnati. We'll call him "Les Burnem." The report was dated 4-14-09. Zach Thomas at GE Disability advised my attorney that I would have 2-4 weeks to get an appt. scheduled for treatment AFTER receipt of the FFD Summary report. Clock starts from this date . . | The report DID NOT have the corrections made as what was agreed to on my 3-30-09 meeting with Bresler. There was only ONE thing ADDED to the final version not contained in the draft we reviewed. That is this statement: MS. JONES IS NOT FIT FOR DUTY." (One might think that in the two weeks between my appt with Bresler to review the draft and the actual final version that was released some heavy-duty communication was taking place between GE Legal and Drs. Bresler & Masterson.) | |
| 05/19/09 | Mediation starts at 10:00 am at OCRC. Les Burnem, GE HR rep, my lawyer and me. Put in two separate rooms. My attorney advises me this is just the first meeting, nothing will be decided today. SHE was WRONG! | Mediation was terminated as it became very clear to me this was not a good faith effort by GE. This was simply another attempt to run up my legal fees with no intention of negotiating. I requested to see my latest EMS which should have been released the very same week they ran me out. | |
| 05/20/09 | My attorney urges me to make a demand to GE so I relent. Part of the demand is to have my latest EMS provided to me for review. Les Burnem does not seem agreeable to that. | Demand made to GE Legal, Les Burnem. | |
| 05/21/09 | Per GE Legal, my follow-up treatment must be with a Ph.D or M.D. (Psychiatrist). Very difficult to find one in network, but I finally do. | Make appt. with a Ph.D. for first available appointment which is June 4th. This falls within the 2-4 weeks after receipt of report that GE Disability demanded. | |
| 05/28/09 | GE Disability salary continuation pay not received as scheduled. No reason given. | Advise atty who advises GE Disability… | |
| 06/01/09 | Les Burnem, GE attorney makes counter-proposal. It's a joke. He does, as a matter of good faith, attach my 2008 EMS review. | MY EMS for 2008 is forwarded me by my attorney. As expected, though I once again exceeded all goals at my site, I am given a "Needs Improvement" rating by Ima Puppet. Hmm, I was SURE it was Jack Welch or Jeff Immelt who said, "Your performance is measured by the numbers." What the heck are they measuring me on? | |
| 06/03/09 | My disability pay finally shows up in my account. | ||
| 06/09/09 | My attorney advises GE attorney that I reject counter-proprosal from GE, and that I do not wish to make a counter to their counter. | Ge attorney leaves voice-mail for my attorney, and then emails her asking if she can confirm that I don't wish to counter. (Running up them legal fees, aren't they?) | |
| 06/09/09 | My attorney receives a voicemail from Zach Thomas at GE Disability stating that my STD benefits will cease on 6-11-09 if my doctor doesn't get the paperwork back to them by 6/11/09. | Hmm - is it just a coincidence that the same day GE Legal finds out I reject their insult of an offer and don't wish to continue with this nonsense - I am informed by STD benefits will discontinue on 6/11/09 if doctor (that's only seen me once) can't provide GE Disability with treatment plan and RTW date? What's the rush all of a sudden? | |
| 06/09/09 | My attorney is notified that the OCRC investigator will be on-site at TLC 6/12/09 and 6/15/09 if necessary. Wants witness list - again. | Witness list is again provided to OCRC investigator, with details and phone numbers. | |
| 06/10/09 | Contact my doctor's office. I am assured that the documents will be faxed to GE Disability on 6-11-09. | ||
| 06/11/09 | GE Attorney on site at TLC, prepping witnesses for tommorow's visit by OCRC investigator. | ||
| 06/12/09 | OCRC investigator on-site all day at TLC. Interviewing 10-12 witnesses I heard. My attorney not there. Hmmm . . . | Not ONE of my witnesses was interviewed. One female witness OCRC wanted to speak to (Gidget) was on my list. She stated she would not be interviewed unless her own attorney could be present. GE attorney advised her he would be in there during the interview if that made her feel more comfortable . . . Guess what? IT DIDN'T! (I think that's called . .. intimidation. Prohibited under Sarbanes-Oxley I'm told. People that GE selected as witnesses were people like, CUJO for instance; and let's see - remember Dick Whistle? Yep - he was a key witness for the company. Hell, he's never even MET me. He did, however, take FULL CREDIT for the "Less Effective Rating" and the assignation of the PIP. Ain't that something? Never met me, not in the chain of command for me, yet he was able to over-ride the V.P. I work for and give me a poor review and a PIP. My boss at the time, (the V.P) did admit to the OCRC investigator that he DID want to give me a "Highly Valued" rating. However being new to the GE process and in particular, the PIP, he was not permitted to do so. | |
| 06/12/09 | Receive voice mail from Zach Thomas at GE Disability stating my STD benefits have been terminated as of 6-11-09 due to my doctor not faxing information required. | I contact office manager at doctor's office and they assured me that the paperwork had been faxed. They said they would re-fax as well. | |
| 06/15/09 | I receive a Fed-Ex from GE Disability. It's a letter from Zach Thomas dated 6-11-09 stating that my STD benefits have been terminated due to not receiving the information requested from my doctor due 6-11-09. | Anyone besides me think it is more than a coincidence how all of this termination of benefits co-incides with OCRC concluding their investigation at TLC? | |
| 06/15/09 | I leave a message for Zach Thomas at GE Disability stating my doctor's office did in fact fax the documents on 6-11 and then again on 6-12. | Zach Thomas from GE Disability calls me back and say that yes my doctor's office had faxed the paperwork in on 6-11-09, it had been misplaced. He then goes on to say it doesn't matter because my claim is still in denial due to my doctor's clinical notes and RTW date. I have to appeal. | |
| 06/17/09 | Send an appearl form to GE Disability | ||
| 06/22/09 | Receive confirmation from Amanda Cogley at GE Disability that appeal received and review process will take 45 days. | My treating doctor is baffled by the actions taken by GE Disability. He stated he has never seen the likes of this. | |
| 06/25/09 | Letter from OCRC investigator stating "no probable cause" found on my Charge of Discrimination against GE. | Is anyone REALLY surprised by this? | |
| 06/26/09 | Letter from Zach Thomas of GE Disability stating that the GE Disability psychologist by the name of Dr. Knutson recommended not certifying disability after 6-11-09 as availble information does not show that I suffer from a mental disorder severe enough for perform the essential duties of my job. | Now isn't that the darndest thing? Those doctors GE contracted to perform the FFD psych test NEVER EVEN asked me what the essential duties of my job entailed? So, wonder how this Dr. Knutson knows what they are since none of that collateral information was contained in ANY of the reports. Puzzling, eh? | |
| 07/04/09 | File another appeal with the GE Disability Benefits Center. | Truth of the matter is that when I was forced out for FFD in March, and all of the retaliation activities took place, it certainly served to stigmatize and traumatize me. | |
| 07/06/09 | Send fax to HR asking why my salary continuation cut off when the leave was forced by the company. Also mention that my pay has been inconsistent since I have been on STD. | GE HR rep promises to look into it. Responds it likely has something to do with FMLA leave. I again advise that the leave was forced, I requested no leave, therefore I requested no FMLA. It is not legal to force FMLA on a forced leave. | |
| 07/07/09 | File charge of Discrimination (Retaliation) against GE; also mention EPA, ADA violations with respect to the "preceived" disability, and Sarbanes-Oxley concerns. | EEOC representative and I discuss activities at length. Says I have a strong case for retaliation. I just want to go back to work! | |
| 07/13/09 | Hmm - unable to access my GE SSO account from home. Still no pay since 6-11-09. | I advise GE HR that I have filed a charge of retaliation against the company. | |
| 07/14/09 | I can once again access my GE SSO Log-On from home. | I access GE's Disability Handbook, Step 4, Returning to Work. I send fax to GE HR Rep requesting some reasonable accommodations so that I can expedite my return to work. | |
| 07/19/09 | Apply for loan against my 401K with GE using SSO log-in. Check should be received within 5 days. | ||
| 07/22/09 | Left v/m message to GE HR rep advising that I am running out of money and that I had applied to a loan against my 401K account but had received no confirmation. Asked if she would please advise my status. | ||
| 07/22/09 | GE HR Rep leaves v/m for me at 5:11 p.m. States that she has heard back from GE Disability and they have completed audit of my pay. I should be receiving a $715.00 refund in the next day or two for doubling my deductions while on weekly disability pay. No reference made as to the issues I raised on the earlier v/m message I left for her re: 401K loan application or my status. | ||
| 07/24/09 | Left v/m message for GE HR re refund of $715 that has not come through yet. Also advise I'm running out of money and want to apply for the GE Employee Emergency grant. Ask if she will advise who the plan administrator is for this as I have completed the electronic form but don't know who to send it on to for processng. Mention that if I would have received the 401K loan I likely wouldn't need to apply for emergency aid. | ||
| 07/27/09 | Received a check in the mail from GE Benefits, Ft. Myers. It's the 401K loan I requested!! | No response from HR re the Emergency grant money I was applying for with GE. | |
| 07/28/09 | GE HR person contacts me and advises that GE Disability was taking out double on some deductions. Bottom line: I am owed $715.00 by company. | GE HR Rep has no answers to my 7-14-09 request for accommodations. Says she will need to explore and get back with me on that. | |
| 07/28/09 | Appt. with my doctor. GE Disability Center Dr. (Schroeder) calling in at 11:30 to talk directly to my doctor relative to clinical questions GE Disability has regarding treatment. | My doctor talks to GE Disability doctor (Schroeder) and advises he will certify my return with some reasonable accommodations. Tentative RTW date Sept. 1. Dr. Schroeder asks why it can't be now with the reasonable accommodations. My doctor says it could be sooner depending upon progress. | |
| 07/29/09 | Follow-up with GE HR rep by fax advising the specific requests for reasonable accommodation I will need as discussed with my doctor. Tentative return date is 9-1-09, BUT, that can be expedited should this pose a hardship on the company. | ||
| 07/31/09 | Receive a phone call from Amanda Cogley at GE Disability. She has great news! My appeal was reviewed again and my STD salary continuation has been approved to September 1, 2009! | I thank her for letting me know, and I also advise that I am trying to expedite that through some reasonable accommodations so I can hopefully return on 8-17-09 | |
| 08/05/09 | Fax letter to Les Burnem, attorney at GE advising that my treating physician is willing to certify me to RTW on 8-17-09 with the reasonable accommodations requested. Also advise Les that Amanda Cogley had mentioned in her call of 7-31-09 that I would need to be cleared first by Dr. Bresler and Masterson. My research indicated that under ADA law, employees returning to work from [forced] leave ARE NOT required to undergo medical examinations unless the employer has a "reasonable belief" that the employee's present ability to perform essential job functions will be impaired... I stated I believed that my treating physician's certification is all that is legally required upon return. | ||
| 08/05/09 | Fax letter to Dr. Scott Bresler, fax copy of same to GE attorney Les Burnem, requesting all records, scores and videotaped interviews conducted by the doctors on 3-4-09 (FFD exam) and 3-30-09 (review of test results) per O.R.C. 4113.23(A). | No response forthcoming. | |
| 08/06/09 | Fax copies of the signed RTW forms with a date of 8-17-09 to Zach Thomas at GE Disability Center, listing the reasonable accommodations. | Zach Thomas phones me back indicating that not to worry, my salary continuation will be paid until such time as I return to work. I indicate that this will be 8-17-09 and he says, no - it won't be because I have to complete a FFD psych exam. I respond that this is not legal and he starts his fast-talking (script). I thank him for his information and advise I will contact HR. | |
| 08/06/09 | Discussion with GE HR; no problems with the reasonable requests. Mentioned that I need to be cleared by doctors in Cincy before I return, however. | I respond that this seems illegal. After all, when I had major reconstructive foot surgery in October 2008, I was harassed constantly to return to work before my surgeon wanted to release me, and GE did not require me to have an Independent Medical Exam by one of their physician's prior to my return then. What's different this time? Also reiterate that the company charged my forced leave to FMLA which also is not legal. Told they would get back with me after consulting with Legal. | |
| 08/12/09 | Zach Thomas from GE Disability Center calls to advise that everything has been received to start processing my return to work. Will need to undergo a FFD as required by "the business." I ask him why I was not required to take a physical FFD after my foot surgery. He could not answer. He started talking real fast and nervous. I finally said, "Zach - do you work for GE or for Sedgwick?" Of course he answered, "Sedgwick." | "For return to work certification, the employer must rely on the opinion of the employee's health care provider, 29 U.S.C. Section 2614(a)(4). In Albert v. Runyon, 6F. Supp.2d 57,62 the district court found the employer violated the act when it refused to reinstate an employee following leave unless she submitted to a fitness-for-duty examination. In Albert, the plaintiff submitted a letter from her treating psychologist certifying her fit to return to work, provided that she would not be subjected to the gender-based harassment and discrimination that caused the mental condition requiring leave. The court found the employer's refusal to reinstate her without a fitness-for-duty examination in violation of the act." (WOW - CAN YOU BELIEVE THE SIMILARITIES HERE??) | |
| 08/12/09 | GE HR Rep leaves v/m message wanting to discuss my RTW status and to talk about the FFD (psych) exam that will be required prior to my return. I reach her on a call back. She states that a FFD evaluation is standard procedure for the majority of GE employees when they've been out on leave. She states the company is willing for a mutually agreed upon doctor to administer this test, and we can split the cost if I desire. | Though I've seen no company policy on FFD evaluations pertaining to leave - in particular, when the leave was forced, I agree to submit a couple of doctor's name for "the business" to approve. My condition is that this FFD psych exam be administered in conjunction with the essential functions of my job - unlike the one administered by the docs in Cincinnati. I.e, questions like, "When did you lose your virginity?" or "Are you sure you weren't sexually abused as a child?" have no place in it. I reiterate that the administration of this psych test needs to be compliant with ADA procedure and APA protocol. I am assured by the HR rep that all of GE's policies and procedures are compliant with any legal regulations; GE is requiring that before I return to work I must complete a Fitness to Return evaluation. | |
| 08/14/09 | My treating psychologist will not perform a FFD psych exam as he feels it is a "conflict of interest." He felt having the two doctors in Cincinnati that were paid by GE to perform the FFD exam in March was a major conflict of interest. He recommended a colleague in his practice. My doctor says that there is no such thing as a standard FFD psych evaluation. It does not exist as an evaluation in and of itself. By definition, it has to encompass the essential functions of the job, be it physical or mental. | Ref: Dr. Richard Epstein's affidavit contained in deposition dated 12-15-2000: …"The forced psychiatric Fitness for Duty examination creates an adversarial situation which, because of its intrusiveness, causes employees to feel violated. This renders most findings highly suspect, unless they are based on floridly abnormal psychiatric symptoms or well-documented aberrant behavior." | |
| My treating psychologist also stated that he has never been in a situation whereby his certification was not enough to satisfy a fitness for return to work. He is puzzled by the activities of GE and GE Disability. | …"That an involuntary psychiatric fitness-for-duty examination places the examining psychiatrist, who is briefed by the company management prior to the examination in a position of being an investigator, and the employee in a position of being a "defendant" who may lose his or her present AND future prospects for employment as well as reputation in the community." | ||
| 08/17/09 | Send fax letter to GE HR rep stating that one psychologist contacted will not perform this type of testing when being forced - see above. I do have one other Ph.D. who is in the same practice as my treating psycholist that will conduct a test consisting of the MMPI test and assigning GAF score after interview. | I fax letter to GE HR rep stating same and schedule appt. for 8-26-09. I can hardly wait to go back to work!! | |
| 08/19/09 | I receive call from GE HR Rep who states that she regrets I have only 1 doctor willing to conduct this "highly controversial" type of testing. She reaffirms that GE must approve, but they are "willing to work with me" to find a mutually agreeable physician. The only physician willing to conduct this type of testing is being "reviewed" by the GE company doctor - Dr. "Zerba" I think she said. If the doctor I proposed is "not acceptable" to Dr. Zerba - the company will identify "alternatives" for my consideration. | STAY TUNED FOLKS - I WANT TO SEE WHAT THESE "ALTERNATIVES" ARE, I.E., ANIMAL, VEGETABLE OR MINERAL….. |