Can I find out if VAC is discussing my case with other federal agencies?

[RobA]

Hi, I'm wondering if anybody can help me, I recently had a tentative excellent job offer in a field of great interest to me. Not long after, due to unknown circumstances, the offer was rescinded. This is obviously the right of the employer, but something about it doesn't sit right. Not long before, I had mentioned it in passing to my case worker as I was going through the interview process (which took several months). I never lied about any of my disabilities (frankly, I was never asked, and I wasn't going to volunteer it).

The reason it smells a little fishy is the job is one that - IN THEORY - it may be difficult for someone with PTSD to complete, and there is a public safety component (I would've been responsible for the safety of others). I have no doubts about my ability to be able to safely do this job, but it is plausible that someone (especially someone who doesn't have PTSD and doesn't really understand the condition) might think someone with this disability wouldn't be able to do this job. My worry is perhaps someone at VAC decided that someone with my disabilities shouldn't be doing that job and contacted the employer.

I'm sure it's just coincidence and I want to give everyone involved the benefit of the doubt....but the timing of it all is sticking like a craw in my throat. Does anybody know if there's a mechanism I can find out if any correspondence has happened between VAC about me without my knowledge? Is there a Privacy Act request I can file? Would such a thing (if it happened) even be on record?

Like I said...I'm not ASSUMING this happened. But I'd be naive to think it COULDN'T and I'd really like to find out.

Edit: It would probably just be easier to disclose the job. It was as an air traffic controller with NAV Canada. The process was long and very tough (6 stages of interviews over 14 months) and it took a huge commitment of my time and energy. Considering the nature of the job, I could see how someone might think someone with PTSD might not be suitable for that job (and I'm sure some with PTSD WOULDN'T be. But since everyones PTSD manifests itself in very different ways, it's irresponsible to make such a blanket statement). But frankly, that would be between me and NAV Canada, I would consider it very inappropriate if VAC inserted themselves into it.

From my discussions on ATC message boards, it's apparently very unusual to have a job offer rescinded after it's made with no reason, thus, my suspicions.

Anybody ever been through anything similar or could give any advice?

 

[Gunner98]

I am not sure that legally there is such a thing as "a tentative job offer".  Do you have written correspondence stating you were offered the job?  Or were you told you have been found suitable for the job pending reference and other checks. 

With out a evidence that you were 'offered the job' and the existence of a signed employment contract or letter of offer then many things could have changed.

You can always ask for the reasons that you did not receive the job.  You do not have the right for full disclosure to know what sources the prospective employer used to screen you out of the process.  They may inform you if you did not meet a mandatory requirement.

You could always contact the Veterans Affairs Ombudsman:  http://www.ombudsman-veterans.gc.ca/eng and submit a complaint.

Did NAVCAN officially tell you that they have rescinded their tentative offer?

Is it possible that a reference had disclosed PTSD related information?

It is possible that they learned things from other sources and they determined that you had not been transparent.

It is frustrating whenever you do not get a job you spent a lot of time competing for but in my experience if someone does not choose you for a job then perhaps they are not the right fit for you either.

 

[RobA]

Thanks Dad, I understand all that. I make it very clear that I'm not making accusations. I'm not looking for a therapy session. I'm not ASSUMING this happened, but I still have a right to know.

I'm looking for advice on how to find out if VAC is discussing my case with anybody other then myself. If it helps, ignore the reason WHY I want this info  (which is just backstory) and focus on the question I actually asked, which is HOW to do it. I know for a fact they've done this in the past, as a vet won a lawsuit against them for exactly that reason. If you don't have any advice on that, why post anything?

 

[captloadie]

RobA,
You can submit a formal Access to Information Request. Go to the GoC website and search the process. It should be a straightforward request, something like:
"Requesting all information provided to any external agencies or individuals external to VAC related to my file between xxx date and xx date"

 

[Gunner98]

You should contact the Veterans Affairs Ombudsman:  http://www.ombudsman-veterans.gc.ca/eng and submit a complaint.

 

[EpicBeardedMan]

That's pretty messed up if that is what happened. I'd be upset as well. I'll echo what these other folks are saying and find out for sure. If a case manager or someone at VAC sabotaged this for you, that's a pretty big deal.

 

[Blackadder1916]

. . . I never lied about any of my disabilities (frankly, I was never asked, and I wasn't going to volunteer it) . . .

Edit: It would probably just be easier to disclose the job. It was as an air traffic controller with NAV Canada.  . . .

The one thing that I noticed (or didn't notice) in the discussion of your situation was any mention of the results of your ATC medical. Was the offer made before or after the Transport Canada medical?  Did you receive the required Cat 2 medical certificate?  And when you were examined by the AME, did you disclose your complete medical history (including past and present rx's, especially SSRIs) as required?


I include this excerpt from CAME handbook purely as an example that PTSD is specially listed as one of the conditions (or the effects of treatment for it) that could preclude employment as an ATC.
https://www.tc.gc.ca/eng/civilaviation/publications/tp13312-2-menu-2331.htm#psychiatry-ssris

AEROMEDICAL CONCERNS

This Guideline applies to all aviation personnel and applicants with a recent history (within the past two years) or current use of any Selected Serotonin Reuptake Inhibitor (SSRI), or diagnosis of mood disorder for which treatment included medication.

(Closely related medications, such as Selected Norepinephrine Reuptake Inhibitors (SNRIs) and Selective Monoamine Reuptake Inhibitors (SMRI) with similar efficacy and minimal side effect profiles (e.g., bupropion, venlafaxine) will also be considered)

This Guideline applies to psychiatric disorders such as, but not limited to:
• Major Depressive Disorder,
• Dysthymia,
• Depressive Disorder NOS,
• Medication use in support of Adjustment Disorder with affected mood,
• Posttraumatic Stress Disorder,
• Acute Stress Disorder,
• Generalized Anxiety Disorder,
• Anxiety Disorder NOS.
• Premenstrual Dysphoric Disorder (PMDD) treated with a SSRI.

Consideration may be given to other situations where these medications have been prescribed, such as for eating disorders, obsessive-compulsive traits, and social phobias, etc.

Those persons who have had a previous history of minor (non-psychotic) mental problems requiring medications and who have now ceased the medication may be considered after an appropriate period off medication and demonstrated continuing stability.

To be considered for this protocol, one’s treatment must generally be limited to a single agent in a class that has been approved by Health Canada for treatment of the listed disorders above. An exception to monotherapy may be the addition of appropriate medication to a therapeutic dose of an SSRI for the management of medication-related sexual dysfunction.

The process for approval to fly or return to flying may be a lengthy one and will often take more than 6 months, due to the requirement for being on maintenance therapy for at least 4 months prior to submission of a request for acceptance.