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  1. #1
    Join Date
    Sep 2018
    Posts
    4

    Default Baker Acted and then Released the Next Day

    My question involves public health law in the State of: Florida.

    My attorney is rep me on a non-health related, non-criminal matter. Due to my recent daytime job loss, she felt that I was a threat to myself based on my email to her indicating I'm giving up and going to make final plans. She tried to call me, but I was at work at my second job where I work part time at nights. All of a sudden, later that evening around 8pm, police officers arrive at my PT night job place of work and take me out in handcuffs. I don't have anything in my background not even a speeding ticket. They said, "You're coming with us because we were told you were going to hurt yourself."

    My coworkers and bosses were shocked as I was. And they said that in front of everyone. Q: Is that illegal? They took my wallet, phone, and car keys. I couldn't call my attorney or anyone. I exhibited no visible signs of being a person who would have to be baker acted. I've never been baker acted and I have no mental health issues other than stress from my FT daytime job loss. The officers didn't ask me anything like "are you okay, do you need help, what's going on?" They took me without incident into their car and drove me to a mental health hospital. I was required to stay over night and it was a frightening experience. The doctor talked with me the next morning and discharged me after our session.

    My PT night time job told me not to return. I never had any issues with my PT night job. Now I have no income. It's not easy to just get a job that pays a living wage. I was trying to get back on my feet with work. The police were rude about the entire process, didn't talk with me, wrote up a police report that will now become public record. How will I get another job if that report says "Baker act."

    Should my attorney be helping me with this? I find it odd that once I was released, she didn't bother to call me after the fact if she was that worried I would hurt myself. A Baker Act can be perceived as a person who could hurt themselves or someone else. Medical records are not public record, but a police report is. And having a police report like that is damaging to a person's reputation since it is public record. I wasn't even diagnosed with anything.

    My attorney only emailed me after that and said "Sorry, I had to follower my instinct since I thought you were going to hurt yourself becuase you sounded depressed and you didn't answer your phone." Now what do I do? Can that police report be sealed? My PT night job employer can get a copy by going down to the police station. And so can the FT day time employer who laid me off. Anyone I worked with can get a copy. Reputation is damaged

  2. #2
    Join Date
    Oct 2006
    Posts
    15,124

    Default Re: Baker Acted and then Released the Next Day

    When you send someone an email stating that you are giving up and making final plans, then you have to deal with the consequences of sending that email. I empathize with the fact that it ended up making life worse for you, but that is the consequence of what you did.

  3. #3
    Join Date
    Sep 2018
    Posts
    4

    Default Re: Baker Acted and then Released the Next Day

    I appreciate your reading my post and response. I ended up getting fired from the FT day job, and not officially from the PT night job at UPS. My attorney is going to try to get the police report expunged. If you were my employer at the PT night job at UPS, who observed what happened to me, what can I do to try to repair the damage to keep the job?

    Just a side note: The day job was FT and their reason to terminate me was that, "I didn't perform well" and that was it. But the PT night jobat UPS, is where the Baker Act event took place. I've never had that happen to me before. I do have physical health issues that are middle age related that I can't address due to lack of my ability to afford adequate healthcare. And the low wages I've earned have added enormous stress. Most people know that the wages in FL are very low. I don't have anyone to rely on but myself to support myself, even if I fall ill.

    One can't change the perception of what took place, me being handcuffed without incident and put in the back of a cop car. I have no psychiatric nor mental health issues. The H.R staff at the PT night job at UPS has not called nor followed up with me. They are all in their 20's including management. I am 48 so maybe they don't know how to approach me? Q: My attorney isn't speaking with me on the phone (odd) and only communicating via email. The PT night job is at UPS. I'm not a driver, just a mail sorter. That night while I was working (HR brought me back to a room and asked me odd questions like how's my home life) while waiting for the cops to arrive. I've never had any issues with this PT night job at UPS (been there for 6 months).

    I exchanged mutual pleasantries with my associates who worked there with me. Q: What can I say to this employer? Q: If I quit the PT UPS job due to shame, embarrassment and also because it's not in my normal occupational line of work (it was a 2nd gas money job), do I lose my FL unemployment rights? This PT job wasn't in my normal line of work (not suitable employment). I'm going to have to move out of State to find any suitable sustainable work.

    I hate to quit but the stigma of being baker acted is pretty serious. And I highly doubt that my relationship with them will ever be the same. It really won't. I'm in a pickle due to this. I know never to say anything ever again.

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