Apr. 16—Two lawsuits filed in federal court outline what some describe as a “culture of retaliation” within Eastern Oklahoma VA Health Care System.
Jeri Goen, a former employee at Jack C. Montgomery VA Medical Center, alleges she was targeted for retaliation after filing a complaint with the Equal Employment Opportunity and prevailing in a wage discrimination case. Goen alleges in an amended complaint filed in the U.S. District Court of Northern Oklahoma that she endured “physical intimidation and verbal threats” while working in “a hostile workplace.”
Steve Goldsmith, a Vietnam-era veteran who joined the U.S. Marine Corps after being drafted in 1969 and transferred later to the U.S. Army, said he became the subject of retaliation after expressing dissatisfaction with mishandled travel claims. Goldsmith alleges in a complaint filed in the U.S. District Court of Eastern Oklahoma that he was tagged with a “behavioral flag” based on baseless allegations he proved to be false.
U.S. Department of Justice lawyers filed motions in both cases seeking orders to dismiss both lawsuits on technical grounds, challenging the plaintiffs on subject-matter jurisdiction and sovereign immunity. They also allege pleading deficiencies and plaintiffs’ failure to allege “claims upon which relief can be granted,” The government has yet to answer substantive allegations set forth in the complaints.
Communications Director Nita McClellan said EOVAHCS “cannot comment specifically on information relating to personal health records, personnel actions, administrative investigations, or legal actions that may or may not be pending or forthcoming.” She said allegations of “unlawful behavior from a VA employee” are taken “very seriously” and investigated “to the fullest extent possible.”
“VA offers a wide variety of reporting mechanisms to ensure that staff are protected from retaliation, harassment, discrimination and other forms of prohibited behaviors,” McClellan said. “We also provide resources for veterans, caregivers and patrons who feel that they have experienced or been exposed to unlawful behavior from a VA employee.”
Goldsmith said he knows veterans and employees at Muskogee VAMC who would be hesitant to report such conduct due to their fear of reprisal.
“Everybody’s afraid to speak,” Goldsmith said during a recent interview. “With all due respect, I’m not afraid of anybody — they threaten to take away your benefit.”
Goldsmith said the threat rings hollow for him because he receives benefits as a result of having a disease for which no cure exists. Unlike veterans whose benefits are related to a disability, Goldsmith said his VA benefits cannot be denied until there is a cure is found for Meniere’s Disease with vertigo.
There are veterans, Goldsmith said, with legitimate concerns who deserve to be heard but are less outspoken. He said many choose to “just keep quiet … because they’re afraid” and “they don’t want to make waves.” He said veterans deserve to be heard.
“They’re scared because they don’t want to lose their their benefits,” Goldsmith said. “They don’t want to lose their disability, and they’re afraid.”
The Tahlequah resident said while he feels more secure than veterans whose benefits are linked to a disability, he was unable to escape the “culture of retaliation” at Muskogee VAMC. Goldsmith said administrators made claims based on erroneous information that, according to documents he provided, was ordered removed after he proved a VA employee had fabricated a false narrative.
Goldsmith said the information fabricated by a former employee at a VA health care facility in Texas, which documents show was ordered removed from his record, was dredged up years later by Muskogee VAMC employees. He alleges the false information was used to impugn his character and “wrongfully place limitations on” his “access to VA healthcare facilities.”
Being subjected to those false accusations, Goldsmith said, exemplifies “culture of a…
Read More: VA faces lawsuits for alleged retaliation