The United States Army Connection: Genesis of a USERRA, Act One

Director-Missouri
U.S. Department of Labor / VETS
421 East Dunklin Street / P.O. Box 59
Jefferson City, MO 65104-0059
Office: (573) 751-3917
Cell: (202) 281-5312
Fax: (573) 751-6710
benzel.william@dol.gov

Mr. Benzel:

How are things at your end? Hope all is well.

I am writing to follow up on our conversation on Friday, May 27, 2011.

After you initially played the devil's advocate to ascertain the merits, surrounding circumstances, and the current situation (all in reference to USERRA claim: MO-2011-00025-10-R, filed on 05/24/2011 08:39:35 PM ET and opened on 05/25/2011 09:58:20 AM ET), you indicated the following:

• The case would be investigated, to determine how my forced and unlawful resignation is related to my military service.

• I indicated that ESGR [contact person: Mr. Fred Carpenter, cell #: 618.975.4128, email: ricohearn@yahoo.com] had tried to intervene but were brushed off by the Barnes-Jewish Hospital's (BJH)Legal Counsel.
• I also provided you with the statement of Mr Carpenter, who indicated that BJH's Legal Counsel (Counsel) stated that they've "been working on this for over a year."
• Mr. Carpenter indicated he will document his conversation with the Counsel, and his other numerous failed attempts at engaging BJH in a dialog, in my ESGR case file: case number 1125287.
• I believe the "this" in the Counsel's quote above refers to my person. I also find it quite disconcerting that the Counsel knew about me, specifically, for "over a year" with no known justifiable cause and without my foreknowledge. All these, in my mind, indicate a concerted effort by Drs Farber and Harbit, Washington University in Saint Louis (Wash U) Department of Psychiatry, and BJH to knowingly prevent the completion of my psychiatry residency due, in part, to my military background and affiliation.
• However, given the acute and urgent needs of the US Army, especially during this era of heightened and prolonged military engagement and mobilization and the acute national shortage of board eligible psychiatrists in general, I believe the non-completion of my psychiatry residency will not be to the benefit of US Army, God, or Country and might harm the capacity of the US Army to provide effective psychiatric care to her soldiers.

• You further stated that, given typical arduous task of investigating discrimination cases, you would have to bring in an extra investigator to assist with the process.
• You informed me that, should the first 90 days after the claim filing be inadequate to fully investigate my claim, you would request additional time from me to continue with the investigation; I agreed.
• Referring to the urgent and pending issue of BJH preventing the completion of my residency training, you stated that one of your first courses of action will be "set aside" my forced and illegally obtained resignation, so as to reduce the impact of the BJH discriminatory act on my person.
• You requested that I refrain from discussing the case with any of the employees or people that could serve as potential witnesses, so as not to allow for actions that might further complicate the investigative process.
• You also noted that one of your first acts would to contact BJH and obtain their point of view to determine whether they will be cooperative with the investigation and that you will subsequently make trips down to BJH to interview potential witnesses.

As I indicated in my last email, I am still waiting for a response from you, giving the ongoing and accelerated actions and efforts of Drs Farber and Harbit, Wash U Department of Psychiatry, and BJH to truncate the completion of my residency training. For example, and as indicated in the email I sent to you, I have been informed to begin the process of winding up my residency at the Psychiatry Department. I should add that the actions of the afore mentioned individuals and institution is in no way based on my clinical competency either as a physician or as a psychiatry residency trainee.

Also, as we had initially discussed, the chief evidence I have for the ongoing military discrimination against my person, is the email I have forwarded to you. I was literally embarrassed, berated, and called "unprofessional" for requesting for some time off for military service. Furthermore, not only was I subjected to punitive actions for my request, I had endeavored to provide over 31 days advanced notice of my absence.

I have also informed you that, prior to my request for military leave, I had no issues with Drs Farber and Harbit, Wash U Department of Psychiatry, or BJH. However, ever since initiating the military request, one of the very first discriminative acts was that I had to provide and document steps I have taken to ensure my military obligations will in no way interfere with my residency training. Needless to say, since that time, I have been subjected to increased discriminative actions and statements, which ultimately culminated in Drs Farber and Harbit forcefully and threateningly demanding my resignation from the residency program.

Prior to contacting ESGR, I had canvassed the entire psychiatry department but no one would come to my aid. I even pleaded with the Chairman of the department, Dr. Charles Zuromski, for his respectful intervention, and almost had an emotional breakdown in his presence, but it was to no avail.

I am almost at my wits end, for I've been trying to seek some measure of justice since Feb 2011, while still taking care of my patients and attending to my clinical obligations and responsibilities.

At this juncture, I'm humbly requesting your speedy intervention. I will like to continue my residency so as to become a board eligible psychiatrist and to serve God and Country through my service in the United States Army.

Thank you.

Sincerely

Alade, Oladimeji D.O, MS