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I was dropped in my review process by my boss from

Customer Question
"excellent" to "inconsistently effective" with...
I was dropped in my review process by my boss from "excellent" to "inconsistently effective" with no heads up (and after 8 yeas of being excellent). I asked in my review for proper training to be able to do my job to which my supervisor complied after
I asked. I was asked to put together an action plan which I did but then was told that I was working to change the results of my feedback fast enough. I repeatedly asked for more support from my supervisor. I was also in my last trimester of my pregnancy and
ended up having my son three weeks early due to the stress of my work environment. I was unable to achieve any results from my action plan because of lack of support and damage to my health. Can I sue for emotional distress from the job? I ended up resigning
in February because of the stress and lack of support.
Submitted: 2 years ago.Category: Employment Law
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8/18/2015
Employment Lawyer: TJ, Esq., Attorney replied 2 years ago
TJ, Esq.
TJ, Esq., Attorney
Category: Employment Law
Satisfied Customers: 12,476
Experience: JD, MBA
Verified

Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.

I'm really sorry to hear about your troubles with work. However, I'm also sorry that based upon what you wrote, you would not have a viable case against your former employer for emotional distress.

In order to win a lawsuit for emotional distress, you would have to prove that (1) you suffered severe emotional distress accompanied by physical symptoms, and (2) the defendant's conduct was extreme and outrageous, such that it was heinous and utterly intolerable in a civilized society. Unfortunately, what you wrote would not fit the definition of (2). Accordingly, based upon what you wrote, I do not believe that you would win a lawsuit against your former employer for emotional distress.

However, if you believe that you were targeted by your former employer due to your pregnancy, then you may have a viable case for discrimination. You should file a charge with the equal employment opportunity commission. If they investigate and find that there was discrimination, then they will try to work out a settlement with your former employer. If they cannot work out such a settlement, then you can ask for a right to sue letter and sue the former employer.

You can read about filing a charge at this website: http://www.eeoc.gov/employees/charge.cfm

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied.

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Customer reply replied 2 years ago
what if I could prove from my ob/gyn that I was losing amniotic fluid, not gaining needed weight for my pregnancy and had to be written out of work early because of the stress/hours needed to show improvement? There were strong physical symptoms.
Employment Lawyer: TJ, Esq., Attorney replied 2 years ago

Hi again.

Even if you could prove that you had extremely severe symptoms, that would not help to prove that your former employer's conduct was extreme and outrageous. You can have the most horrific symptoms ever, but if the person you're suing didn't act in a heinous way, then he's not liable for your injury. Does that make sense?

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Category: Employment Law
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