the regulations of the post office which was cited in my brief he was to receive legally twelve months of leave without pay and other family medical leave act and he was not given an option was the letter sent to him not marked fully advising him of his rights and the second one is would be the phone calls that occurred from the hang up phone calls that occurred over several  extreme stress and i believe under the ninth circuit live as well as the supreme court live so in my brief that the adverse employment action does not require and after a fact in the terms or conditions of employment and it does not require the person to be employed even though he was still employed at that time it has to just be an act that would reasonably deter a person from engaging in this kind of protected activity you have to bring a company complaint to a counselor within forty five days of the years legit act he went home on his last day of work he said he went partially blind on that day he entered into a clinical depression he had never filed any just on the record before he did not know all the rules he did not ever go back to the work place and  know are you talking about the february eleventh incident well when you wanted to amanda you wanted to bring it under the a t f right that's correct all right on the things that he did go to counseling you know that he did contact what was that on request of the combination or a different job or different duty station or anything else what he did was the start of a campaign of initiating ito complaints against postal service and it all he initiated five different e o complaints each left his employment and so he clearly did not pursue his administrative remedies with respect to any of those claims briefly the i'd also like to point out that there is attempting to rehab act now under the rehab act as the court knows require several different things but two things it requires whether we're talking about an accommodation claim or whether we're talking about of this very treatment claim as he has to show number one that he's disabled within the meaning of the that can follow in his short prior to that time he did not consider himself disabled and he did not believe that he was being screwed against because he was just saved after one thousand nine hundred seventy contends that he had a severe disability  two and three you cannot establish a prime aphasia case of disability discrimination because it was unsafe for all the plaintiffs after that time which would be counts four five six if you cannot establish a disability claim because you cannot establish that he was a qualified individual who can perform the functions of his job the only remaining count just callahan has to questions on in order to in order to establish that you're qualified individual you have to be able to show that you can perform the essential functions of the job with an accommodation with or without an accommodation and he did not  any act whether related to employment or not related to his deployment that would be to hear a person from engaging in protected activity and certainly phone calls hang up calls by a supervisor that you believe this arrest you for two years over over a period of months and months could certainly be chairperson from protected activity and since nerve made the hang ups pardon me my evidence in the record  united states of america versus clarence