Legal Counsel : Hello this is Law Review again. I am pleased you are
Legal Counsel : Hello. This is La Review again, I am pleased you are goin to meet with the doctor tomorrow. That is indeed the best first step to going on disability. If you feel the threats to your safety are real and you feel like you are in " imminent danger," you should file a police report so that you have a record of the threats.
Legal Counsel : The particular statements have to be understood by you to be real threats to your safety. Even if the police don't believe the statements are actual threats to your safety, please strongly consider obtaining a restraining order against those who are threatening you.
Legal Counsel : This will require them, by court, order to stay a certain distance away from you. I don't believe a court can prevent them from actually saying" anything to you, because of persons' First Amenment Rights, but the court can certainly protect you from their physical presence.
Legal Counsel : You may also have a claim against them for " intentional infliction of emotional distress" depending on the cicircumstances of your relationship to them and if you can show they intended to cause you emotional distress, under the circumstances.
Ok but these people work in the same office that I work in. I really do not want to go back to work because I am worried that something will happen to me. I am suffering from headaches and stomach pains. Another attorney said I should sue for IIED but it is based on extreme distress. He also said it is hard to win a case like that. If my evalation by the doctor claims IIED can I get off work into disabilty?
Legal Counsel : You should meet with an attorney about filing such a claim. The attorney will be able to tell you for certain whether you have such a claim against them. Most personal injury attorneys will review your case free of charge in order to determine whether you should pursue such an action.
Having my evaluation done first would help my case with my lawyer ... right?
Legal Counsel : You should have no problem whatsoever going on disability and don't have to show IIED to justify a disability claim. It is wrong to say that you have to show IIED to justify a claim for disability.
Legal Counsel : Plus, your doctor's note depending on what the doctor's note says may help you with a IIED claim. But a doctor cannot reach legal conclusions in his note, although he can say the conditions of your work are causing you extreme distress.
Legal Counsel : It seems your main concern is to not have to return to work, and the disability claim will accomplish that.
Legal Counsel : If one of the persons who you believe threatened you is a police officer, you should file a complaint with the police commissioner so they are put on notice of the conduct of one of their officers.
Legal Counsel : I would be careful about the police officer because he has the means to make your life miserable out side of just making threatening statements to you,
Legal Counsel : . And you want to be sure to notify his commanding officers about his conduct. What is the police officer's relationship to your work? Is he a friend of your boss and has made it his business to scare and threaten you.
He is one of our board members and my boss tells him everything and I am tired of hearing how my boss is trying protect me against him when both them want me gone.
Legal Counsel : If he is not someone you work with, there is even a stronger reason to report him. You do want to be careful of him. Reporting him to his supervisors will put them on notice and may cause him to be reprimanded.
Before I do that I need to be on disablity because if I do that they will retailate against me.
Legal Counsel : If you are also concerned that they are trying to " get rid if you," and by that you mean terminate your employment,, your disability claim will protect you from being fired while on disability. Again, unless they have proof of your poor performance or some other valid reason that I documented in your personnel file , they cannot fire you for the simple fact of being on disability.
They could go after my attendance since my dad is not able to take care of himself. That is their only out on me.
Legal Counsel : That should say " that is documented in your personnel file" not "that is documented I your personnel file."
Legal Counsel : If you documented that you needed to be out of work for a family emergency and they knew it and didn't say no you can't take time off to care for your father, they shouldn 't be a ble to use that as a reason.
Legal Counsel : Plus, did you have sick time or personal days that you used to take care of your father?
Yes but the did not like that I exhausted all of my sick time even though that is what it is used for.
Legal Counsel : It doesn't matter that they didn't like it. You were entitled to it and they cannot fire you for using it.
I agree but they use that against me when I questioned other employees were using sick time they no longered have. They were using hours that they did nit have. I documented all of that and asked why this was happening and a copy of the policy where it is allowed for other employees. That is when our temp Superintendent said, "I am going to put you in a box" He knew what he did was wrong but was mad that figured it out.
Legal Counsel : In my " opinion" (and I don't mean legal opinion) after you meet with your doctor , you will have taken the first right step in gaining your disability and a way to get awat from there. It will be interesting to see if they hassle you while you are on disability.
Ok are you there?
Thanks for your help
Legal Counsel : If they do, you will have a stronger claim for retaliation and / or IIED. do you plan to see an attorney after you meet with your doctor?
Legal Counsel : Hello I'm so sorry that last reply did not come though earlier. My computer locked up on me and I c
Legal Counsel : I couldn't for the life of me get it to send my reply. I sincerely apologize. Please forgive me. Do yo have any moe questions. Please do ask them. Hopefully you will see this in the morning.
Legal Counsel : I want to make sure I have answered your questions. I'm so sorry for that delay in answering your question while we were in the chat.
Legal Counsel : I'm so sorry for the typographical errors above. The " chat" format does not have a spell check feature and I am not the best typist. I am available if you have any further questions or concerns.
I would like to give you postive rating but this service will not let me?
Legal Counsel : I think I have to switch it to allow the rating feature. Do you mind trying again?