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JPEsq
JPEsq, Lawyer
Category: Employment Law
Satisfied Customers: 5104
Experience:  Experience as both corporate in-house counsel and private counsel
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I had an employee complain about me to my lab administrator

Resolved Question:

I had an employee complain about me to my lab administrator (I am a department manager) every two or three months, on a regular basis, sometimes it was about her refusing to do the job she was being paid to do. They would talk for about one hour then he would yell at me and take her side when I came in to work. On my evaluation, i was thrashed by my employees, many personal attacks as well. When I was discussing my eval with lab admin I voiced that I wanted to resign as manager and go back to being a PA i never received any extra pay or benefits for the transition so it wouldn't be a downgrade. i was then told by the company president that they wouldnt let me resign. I was told by the lab admin that it is a thankless job and I'm working in a poisonous work environment. The employee continued with the attacks, then on July 6, 2011, i had a hemorrhagic stroke, I was a second-degree blackbelt martial arts instructor no prior health issues no prior high blood pressure, no medications. My employer held my position for me and I am back at work, but the company is going through financial difficulties and 4 employees including a doctor have been laid off do I should I take any sort of legal action against the complaining employee or my employer??
Submitted: 1 year ago.
Category: Employment Law
Expert:  JPEsq replied 1 year ago.

I want to make sure that I understand your question. Are you asking if you would have a valid legal claim against your employer for the health problems you have now? Or for failing to let you have your old job back? Or both?

And for the employee?

Customer: replied 1 year ago.
For my health problems., I am back at my job
Customer: replied 1 year ago.
I am back at my old job. Health problems related to a poisonous work environment possibly leading to a stroke in a 36 yr old athletic male.
Expert:  JPEsq replied 1 year ago.

I see. Unfortunately, there is virtually no way that you can sue successfully for your health problems. You would have to make the connection between specific actions and your stress, to your blood pressure, to your CVA... and even then, it would be unsuccessful for public policy reasons (we can't allow employees to sue employers for stress related health problems because of the effect it would have on employer's exposure). The botXXXXX XXXXXne is that you will not be able to sue your employer successfully for this. You might be able to sue for "intentional infliction of emotional distress", but that would be tenuous at best given what you have told me.

 

 

I am sorry, I know this is not what you wanted to hear, but this is the reality. My policy is to give the truth, rather than give you false hope now in hopes of earning a good rating from you, only for you to be frustrated later when you find out the truth. I do not control the law, please don't shoot the messenger.

JPEsq, Lawyer
Category: Employment Law
Satisfied Customers: 5104
Experience: Experience as both corporate in-house counsel and private counsel
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