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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
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Experience:  Employment/Labor Law Litigation
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I got laid off 4/12/2012 from my job that I worked for 28 years,

Resolved Question:

I got laid off 4/12/2012 from my job that I worked for 28 years, I got hurt on the job 7 years ago, I put up with a lot of verbal abuse, and due to my back injury I can not perform as well as I used to. What is the best way to approach this with my ex-boss begin a lawyer?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year ago.
Thank you for your question today, I look forward to assisting you. I bring nearly 20 years of legal experience in various disciplines.

Did you file a worker's compensation claim or lawsuit 7 years ago when you got hurt?
Customer: replied 1 year ago.

No, he did not have insurance for me so therefore did not have worker's compensation.

Expert:  Allen M., Esq. replied 1 year ago.

I'm assuming then that you did not file your own personal injury claim either.

Unfortunately, there is no longer any discussion that you can have with the company attorney that will be helpful to you.

You were injured 7 years ago. The statute of limitations, meaning the time period that you have in order to make a personal injury claim, is only two years in Texas. It is too late to sue your employer for this injury.

 

I'm sorry.

 

Unless you have some other claim to make, like that you were fired based on your age or nationality, there isn't a claim to discuss. If you believe one of those to be the case (age or nationality) you need to file a complaint with the EEOC.

Customer: replied 1 year ago.

What's the best way to approach this. I endured countless times where I received verbal abuse from him. Also a hostile environment.

Expert:  Allen M., Esq. replied 1 year ago.
Are you alleging discrimination based on your nationality or age?

You mention verbal abuse, but that is not illegal in this country. You mention hostile environment, but that is commonly misunderstood. The Supreme Court of the United States has specifically stated that there is no such thing as a hostile work environment claim unless you are stating that the reason that your workplace was hostile was because the employer was harassing you based on your race, religion, gender, age, disability or FMLA use.

You have not identified any of these specifically, so I'm not sure that you are understanding what actually constitutes a claim that can be made. Just having a mean boss does not create a claim. You have to prove that your boss discriminated against your age and/or national origin.

If you can make that allegation, do so to the company lawyer and if they don't offer you some sort of settlement, contact the EEOC in your state to file a complaint against the employer so that you reserve your right to sue.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 16114
Experience: Employment/Labor Law Litigation
Allen M., Esq. and 3 other Employment Law Specialists are ready to help you

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Allen M., Esq.
Allen M., Esq.
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Employment/Labor Law Litigation