I applied for disability benefits from the U.S. Social Security Administration on April 20, 1993. I advised SSA of infirmities in my former employer's determination that I suffered from a severe mental illness that rendered me unemployable. SSA granted my claim for benefits effective August 17, 1993. It was not until September 24, 1993 -- about five weeks later -- that the D.C. Department of Human Rights issued its Determination on Reconsideration rejecting my arguments that my job termination was unlawful and rejecting written evidence that I had submitted to the agency tending to show that Akin Gump did not in fact consult Gertrude R. Ticho, M.D. or the Sheppard Pratt Employee Assistance Program, who supposedly concurred in the firm's decision to terminate my employment for mental health reasons. As of August 1993 Akin Gump had an outstanding invitation to mediate the unlawful job termination Complaint issued by DHR on February 4, 1992.
On about October 29, 1991 -- the date of my job termination -- my former direct supervisor at the law firm of Akin Gump Strauss Hauer & Feld, Chris Robertson, made false, self-serving and defamatory statements tending to show that I was not suitable for employment under Social Security rules in that I posed a "direct threat" in the workplace. Robertson's statements were made during working hours on the firm's premises to other employees in the course of her employment as a supervisor who reported directly to R. Bruce McLean, a member of the firm's management committee. Presumably, common-law principles of agency apply that impute Robertson's actions and statements to her supervisor (principal), McLean, a senior firm manager.
July 2, 1993
3801 Connecticut Ave., NW
Washington, DC 20008
Fay E. Peterson
Disability Claims Examiner
District of Columbia
Rehabilitation Services Administration
Disability Determination Division
P.O. Box 37608
Washington, DC 20013
Re: Disability Claim xxx-xx-xxxx
Dear Ms. Peterson:
I offer the following statement in support of the above-referenced disability claim.
On the evening of July 1, 1993 I placed a telephone call to one of my former co-workers, Ms. Patricia McNeil, at my last place of employment, Akin, Gump, Strauss, Hauer & Feld. Ms. McNeil advised me that immediately after my termination, my supervisor, Chris Robertson, had all the keys to the office changed because of her fears that I was homicidal. Ms. McNeil stated that Chris Robertson, in about late October 1991, warned her employees, including Ms. McNeil, that I was potentially homicidal.
Ms. McNeil stated: "The only thing I knew is that Chris [Robertson] sent the E-mail over the system, and she wanted all of us in the office, and the next thing, she said, 'no, forget about it.' She said, 'Well, you all know that Gary, he's gone, and they're coming to change the locks because Gary may come back and he may kill me or something.'"
"All I know, Chris [Robertson] called a meeting. She had sent an E-mail. And then, all of a sudden she canceled the meeting. She just said, 'Oh.' And she said, 'they're coming to change the locks. They should be down here because we're afraid he may come down here and try to kill us or something.'"