I am told not too many lawyers want to tackle the challenging world of stress, depression, anxiety, and other mental problems that are directly due to the work place or that envronment. Are these cases unwinnable regardless the amount of evidence brought to the table. My friends, relatives co-workers and anyone who knew me for any length of time know that I'm not the same man. Something happened to so drastically change me. I am a service connected military veteran but there's never been any illness like this before, during or after my 27 year environment. I don't think PTSD can show up this long after the first gulf war or from any of the numerous exercises since. I do carry a burden of leaving my unit (101st Airborne Division G2 Operations Officer) due to an injury that would take a year to recover so they chose not to do the surgery in theatre. I have always carried this burden of guilt because I was a Captain at the time. But everybody carries baggage so I never saw this as out of the norm. There are other things such as a suicide that took place in my complany when I was the commander. I've pretty much blocked that out. There are others that I'd rather not go into. Each soldier has a tale to tell and I'm no different. I guess, since I've never asked the question I didn't worry about the answer. I went by the advice that if you can't stand the answer don't ask the question. Well enough whining for now as I'm just rambling, part of one of the symptoms I'm struggling with. It is difficult what the cause was. I am very familiar with the effect. My apologies again for writing too much but I do want to get well and become a productive member of society as I always have been to this point. Please help with the legal advise as I've never done anything like this in the past. Thank all of you. Tim Is this something that would be taken on contingency?
State/Country relating to question: Iowa
Just discussing this with you now and talking to a lawyer here. The lawyer here did not get all the facts from me as we discussed other issues. I don't believe any of this came up. Our discussion centered on the probability of winning a case against my employer for creating a hostile work environment or assigning me work that really should have been done by someone much more junior, a claim that manager admitted to. We discussed ethical issues where my old mgr provided untrue damging info.
Unfortunately, psychological injuries are either too hard to prove or not taken seriously by a jury. However, strong testimony from a treating doctor can help. You need to prove that you are unable to work or function normally, due to your work environment. If your employer's conduct caused you to quit, you can sue for constructive termination. If your employer's actions caused emotional distress that required mental health counseling, you can sue for negligent infliction of emotional distress. Contact your local bar. Ask for a list of names of employment lawyers with experience handling constructive termination based on hostile work environment claims. Research these names. Go on www.martindale.com. Good luck and remember to press accept so that I may get credit.
Former Torts professor and former personal injury paralegal
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).