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4ren6, Forensics/CSI
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What are the grounds for filing a lawsuit for stress and ...

Customer Question

What are the grounds for filing a lawsuit for stress and violation of privacy rights
Submitted: 10 years ago.
Category: Legal
Expert:  4ren6 replied 10 years ago.
Well that would depend on the situation at hand. Can you give me some details.
Customer: replied 10 years ago.
Reply to 4ren6's Post: I began employment with this department in March, 2006. In May, 2006, I experienced allergic reaction to some unknown ethiology, I was being treated by my physician and was told to take Benadrly. My employer knew I was taking Bendaryl and on a daily basis she would ask me if I am still taking Bendaryl, I had one more severe attack and I was put off work for a week. My doctor released me to go back to work and in the communication to my boss, my boss was privay to information about my condition( anxiety, depression). I was called in to the office when I returned and was told that "she received information she did not need to know and that based on that she felt that I could not perform my duties effectively and I should contact Human Resources to find out what my options are, to either go out on a medical leave or family leave. I was completely devastated which caused me to go out on a leave of absence. I was on leave from May 8 through Oct 9. I returned to work and since that time my boss has subjected me to constant derogatory statements, harrassments and accusations, i was discipled on Friday for mailing something she gave me and I was accused of violation confidentiality. I have documented evidence of various allegations and harrassment, plus verbal attacks. I was told a decision will be made last Monday. During the course of the morning ,I began experiencign chest pains, and I was placed on a medical leave due to the stress, I am being evaluated and had a stress test and echo. I have 16 years of tenure and have had a stellar employment record until this time. I beleive that my boss has made several attempts to set me up to fail and this was one example and the straw that broke the camels back. I am now negotiating with Human Resources to agree to lay me off with six months pay plus benefits. Human Resource wants me in exchange to sign a document that I will not apply to UCLA again, I feel that my rights were violated and that I was subject to discrimination and harrassment, I would like consulation on what grounds if any I have to file a lawsuit or negotiaote a fair settlement with the University/
Expert:  4ren6 replied 10 years ago.
Ok, you need to find a good attorney that deals in discrimination and ADA rulings. You sound as though you have a good case to go with. You must first file for an EEOC ruling. This is a Federal Department of Justice Ruling stating that you have a right to sue. Once this is obtained by your attorney you can file suit. Obtain an attorney that is willing to take this on a contengency fee (25 percent is the norm) and go from there. This may take as long as 2 years and most often is settled in mediation. Do not sign any work documents until you have spoken to an attorney. Let me know if you need further assistance on this.