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Can I sue my employer for undo stress or Emotional Stress?

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  • Can I sue my employer for undo stress or Emotional Stress?

    I work in Security and I am in the process of transferring to a new location. On 12/07/2012 I had a seizure at work and felt so embarrassed about the whole thing. My husband and felt it would be safer for me to transfer now than later, because I have our kids with me and the seizures are not under control at the moment. We contacted my Account manager to see if we could go ahead and transfer without working out my two week notice. We were told that in order to keep my job and transfer I would have to work out the full notice. I requested two days off (due to the fact that I just had a seizure at work and felt so humiliated) and immediately I felt that my job was threatened for wanting to do so. I later contacted HR and explained everything. We had a conference call that got very heated. At the end of the call I was told that I could return to work provided that I have a doctors excuse clearing me to work and that I have to work out my notice. I forgot to leave the excuse on my first night returning, (which has happen in the past) so I made sure to have it the next night. When got to work my co-worker stop me at the gate and stated that she was told to ask if I had my excuse. I advise her that I did and she open the gate for me to proceed. Now not only do I feel embarrassed to show my face at work, I feel as though I'm being targeted for everything that happen. I'm a fairly thick skin person, but now I find myself crying every night, and dread returning to work. Is there anything I can do, because I feel this will continue at my new location as well.

  • #2
    Re: Can I sue my employer for undo stress or Emotional Stress?

    Harassment and emotional distress lawsuits are civil matters, not criminal cases. In civil litigation, the plaintiff must prove he has suffered from the defendant's harassment or negligence. An attorney will not take a case unless the evidence will stand up in court. If you can present convincing proof that the defendant harassed you or was negligent to the point of causing you emotional distress, then you can pursue a lawsuit against the other individual.

    Comment


    • #3
      Re: Can I sue my employer for undo stress or Emotional Stress?

      Originally posted by LethalWeapon View Post
      I work in Security and I am in the process of transferring to a new location. On 12/07/2012 I had a seizure at work and felt so embarrassed about the whole thing. My husband and felt it would be safer for me to transfer now than later, because I have our kids with me and the seizures are not under control at the moment. We contacted my Account manager to see if we could go ahead and transfer without working out my two week notice. We were told that in order to keep my job and transfer I would have to work out the full notice. I requested two days off (due to the fact that I just had a seizure at work and felt so humiliated) and immediately I felt that my job was threatened for wanting to do so. I later contacted HR and explained everything. We had a conference call that got very heated. At the end of the call I was told that I could return to work provided that I have a doctors excuse clearing me to work and that I have to work out my notice. I forgot to leave the excuse on my first night returning, (which has happen in the past) so I made sure to have it the next night. When got to work my co-worker stop me at the gate and stated that she was told to ask if I had my excuse. I advise her that I did and she open the gate for me to proceed. Now not only do I feel embarrassed to show my face at work, I feel as though I'm being targeted for everything that happen. I'm a fairly thick skin person, but now I find myself crying every night, and dread returning to work. Is there anything I can do, because I feel this will continue at my new location as well.
      Before deciding to launch off and sue for your feelings, picture the position turned around. You are the employer. You have an employee who has had a seizure. Would you require that before returning to work that person have a doctor's note clearing them? So you don't have to worry they will have another seizure? And possibly get injured? And you be liable if they or someone else suffers an injury? I think most people would find the employer's actions reasonable under the circumstances and your reaction an overreaction.

      In your post you say your seizures are not under control yet -- and you have children. Do you drive still? Transport your children with you driving the car? Can you imagine what might happen if you have a seizure while at the wheel?

      Since your seizures are not under control yet, perhaps you might reconsider returning to work at all. I believe your embarrassment comes over having the seizures. That is nothing to be ashamed of -- or any medical condition you did not bring upon yourself by wrong actions. It seems your No. 1 priority should be in getting the medical problem dealt with -- and not returning to work until it is cleared.

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      • #4
        Re: Can I sue my employer for undo stress or Emotional Stress?

        You are taking something beyond your control way too personally. I had a security officer prone to seizures working for me before. He had a radio and knew he was to call if a seizure started. Over the time I worked there, he had many seizures. Decades ago, when I was in high school, our principal had narcolepsy. He would nod off in the middle of suspending a student as well as meetings. He was memorialized as the best principal the district ever had. I am disabled and have been reduced to tears at work from pain from pinched nerves. What is important is that you and your employer are aware of the medical parameters of your ability and have an action plan if something goes awry.
        Due to a recent promotion, I should now be referred to as Major Obvious.

        I would not be trying to provide information and knowledge if I did not sympathize.

        Some days it is just not worth chewing through the restraints to face life.

        Comment


        • #5
          Re: Can I sue my employer for undo stress or Emotional Stress?

          LW many states do NOT permit such suits against employers, either intentional infliction of emotional distress and or negligent infliction.

          You are of course free to consult an attorney, but be advised, even if permitted, the burden of proof is MORE than mere hurt feelings, etc.

          Comment


          • #6
            Originally posted by Lexus View Post
            Harassment and emotional distress lawsuits are civil matters, not criminal cases. In civil litigation, the plaintiff must prove he has suffered from the defendant's harassment or negligence. An attorney will not take a case unless the evidence will stand up in court. If you can present convincing proof that the defendant harassed you or was negligent to the point of causing you emotional distress, then you can pursue a lawsuit against the other individual.
            Can I sue my employer calling me a retard,stupid for several times?I do have witneses.

            Comment


            • #7
              Re: Can I sue my employer for undo stress or Emotional Stress?

              Originally posted by Unregistered View Post
              Can I sue my employer calling me a retard,stupid for several times?I do have witneses.
              He is entitled to his opinion. That is not actionable.
              Due to a recent promotion, I should now be referred to as Major Obvious.

              I would not be trying to provide information and knowledge if I did not sympathize.

              Some days it is just not worth chewing through the restraints to face life.

              Comment


              • #8
                Re: Can I sue my employer for undo stress or Emotional Stress?

                My employer seems to be rude to me and does not give me any break at all when I have a severe psoriasis outbreak.

                Is that any thing illegal? Can I file a complaint somehow?

                Comment


                • #9
                  Re: Can I sue my employer for undo stress or Emotional Stress?

                  Originally posted by Unregistered View Post
                  My employer seems to be rude to me and does not give me any break at all when I have a severe psoriasis outbreak.

                  Is that any thing illegal?

                  No.

                  Originally posted by Unregistered View Post
                  Can I file a complaint somehow?
                  You can "file a complaint" wherever you want to.

                  It just isn't going to do you any good and will brand you as a whiner and complainer with your employer.

                  Comment


                  • #10
                    Re: Can I sue my employer for undo stress or Emotional Stress?

                    Originally posted by Unregistered View Post
                    My employer seems to be rude to me and does not give me any break at all when I have a severe psoriasis outbreak.

                    Is that any thing illegal? Can I file a complaint somehow?



                    I don't see that that is illegal. It may be bad management but unfortunately is not illegal.
                    Try also gently discussing it with him or his superiors.

                    Comment


                    • #11
                      Re: Can I sue my employer for undo stress or Emotional Stress?

                      If we all could sue for every time that that occurred the courts would be overloaded with millions of cases, believe me.

                      tj

                      Comment


                      • #12
                        Re: Can I sue my employer for undo stress or Emotional Stress?

                        If there is any kind of human resources department at the company, they will address that concern and they will take it seriously.

                        Comment


                        • #13
                          Re: Can I sue my employer for undo stress or Emotional Stress?

                          If I could sue my boss for every incident of undue stress, I would be a millionaire ten times over.

                          Comment


                          • #14
                            Re: Can I sue my employer for undo stress or Emotional Stress?

                            Of course if the boss is repeatedly demeaning somebody or a class of workers, there may be options. It is always worth discussing details with legal counsel.
                            Labor laws are always expanding (for better or for worse) in the US.

                            Comment


                            • #15
                              Re: Can I sue my employer for undo stress or Emotional Stress?

                              You first need to demonstrate with a note from your doctor that you need an accommodation and what it is. You do not get to decide. Further, an employer is not likely to give you a time off, just because your arm or face looks bad. If it hurts, consider an OTC lidocaine lotion recommended by your doctor.
                              Due to a recent promotion, I should now be referred to as Major Obvious.

                              I would not be trying to provide information and knowledge if I did not sympathize.

                              Some days it is just not worth chewing through the restraints to face life.

                              Comment

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