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wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 17223
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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Can I sue an employer for mental anguish? Basically I was in

Resolved Question:

Can I sue an employer for mental anguish? Basically I was in a supervisory position. My boss would not support me on multiple occasions where employees committed offenses and over time my better employees did not respect me because I could not reign in the employees that were slackers? I had a blow up because my supervisor would not discipline an employee that committed a blatant act, I stepped down from my supervisory position because of this.
Submitted: 5 years ago.
Category: Employment Law
Expert:  wallstreetfighter replied 5 years ago.

wallstreetesq. :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarificati on

wallstreetesq. :

You would not sue for mental anguish, but can sue for a constructive discharge,

wallstreetesq. :

under the law, and employee who was forced to resign from the job, due to extreme work conditions,

wallstreetesq. :

can sue the employer for allowing the conditions to exist.

wallstreetesq. :

In order to prove your case the following must occur: 1) The employer's conduct effectively forced the employee to resign; 2) A continuous pattern of employer misconduct existed; 3) Conditions were so egregious and intolerable that any reasonable person would have quit.


Customer:

I still work for the company but I stepped down from my position due to the fact I couldn't due my job because of his not taking action against problem employees. I was also written up for an incident in which he did not take action against an employee for a very blatant violation.

Customer:

Can I hire a lawyer to get the written warning taken out of my employee file? I feel the blow up occurred because of my frustation at the inability to perform my job

wallstreetesq. :

If you are still employed but changed your position, than you can complaint to HR about the mental anguish and harassment you faced due to his actions,

wallstreetesq. :

a personal lawsuit against the employer would only work if you were force to quit the job

wallstreetesq. :

Yes, you can hire an attorney to threaten legal action if they do not remove the negative remark in your file

Customer:

What if I resigned and pursued this course of action.

wallstreetesq. :

than you can sue them, however, I would not resign, unless you provided notice to HR in writing of the work conditions,

wallstreetesq. :

and the conditions are so intolerable at work that you have no other choice but to quit,

wallstreetesq. :

these are long and expensive case,

wallstreetesq. :

it is good for a threat, so you can force the employer to take action

Customer:

Don't you think they would settle to make it go away?

wallstreetesq. :

yes, but they may settle prior to you resigning as well,

Customer:

I also have strong support because another pharmacist recently went to hr for same manager failing to take action on problems

wallstreetesq. :

if you threaten them now that you will consider legal action, they may solve the situation, so you do not have to resign

wallstreetesq. :

that is good evidence,

Customer:

Could they fire me for threatening legal action?

wallstreetesq. :

You would threaten legal action due to the hostile environment created,

wallstreetesq. :

if they then fire you,

wallstreetesq. :

you can sue them for a constructive discharge, and collect unemployment benefits, as you did not quit

Customer:

Thanks

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