Suing For A Hostile Work Environment
If you believe that your work environment is a hostile one, reach out to a Los Angeles workplace rights attorney to discuss your case. We can help you determine your legal options.
If your case meets the legal criteria for a hostile work environment, suing your employer may be the best option.
Under both California and federal employment laws, workers are protected from harassment, undue stress, unsafe working environments, and negligence.
These laws make it easy , for workers to sue for unlawful harassment and discrimination.
However, these laws also protect employers from frivolous claims that stem from overworked employees who are stressed out or dissatisfied with otherwise ordinary workplace incidents, such as a demanding supervisor, long hours, or difficult co-workers.
Though bullying in the workplace is illegal, if your claim stems from acts of bullying, you would need to attempt to combat the issue internally by reporting the incident or incidences to HR.
Your company should have a policy that dictates what should be done about employees who create a hostile work environment or who pick on others because of age, race, disability, religion, gender, or national origin.
If your company does not have a policy in place, it could be liable for the negative employees actions. If it does have a policy in place but chooses not to investigate the claims, it can also be held liable for the adverse actions and behaviors of the employee.
Illegal Decisions About Medical Requests
The rules surrounding medical leave can seem like a black hole for managers and employers because its so easy to misstep and gain legal attention. The FMLA, ADA, and workers compensation protect employee rights to medical leave and reasonable accommodation.
Proving Emotional Distress Through Intentional Infliction
Despite the countless laws that exist in order to protect employees from employer-based actions, some employers still act through the biases they have reinforced throughout their lives. Intentional emotional distress is based on the extreme or ridiculously outrageous behavior that is performed directly at an employee intentionally or recklessly. One of the most common forms of intentional infliction of emotional distress is through employer to employee discrimination.
For instance, lets assume that you are a woman. You go to work every day and perform excellently. Despite your overwhelmingly positive performance, your employer still subjects you to unfavorable behavior. One day, he decides to fire you despite there being underwhelming employees who happen to all be men. This discrimination may cause you to suffer emotional distress, and gives you the right to not only file for sex discrimination but also for emotional distress.
In order to prove intentional infliction of emotional distress, you must be able to prove four factual elements:
- The emotional distress was severe
- The employer intentionally acted recklessly
- The employer conduct was uncalled for, extreme, and outrageous
- The actions of your employer caused you, the employee, mental distress.
You May Like: How To Handle Stress Better
Questions To Ask Yourself Before Suing For Stress And Anxiety
Pursuing any kind of lawsuit can be stressful. Suing on the grounds that someone caused you emotional distress can compound the stress and anxiety that you are already feeling. Before you sue your employer for emotional distress, it may be worth asking yourself several questions to make sure that seeking legal remedy is the right course of action for you. It may be helpful to consult the advice of a seasoned lawyer as you think through these questions and consider your options. It is crucial that you consult not just any emotional distress lawyer, but emotional distress lawyers that have a lot of experience handling cases similar to yours.
Stress At Work And The Armed Forces
In the armed forces, mental resilience is seen as an important characteristic, which involves effectively responding to stress, pressure and adversity. As a result, Mental Resilience Training is provided to develop soldiers psychologically. However, did you know that many members of the armed forces suffer from work-related stress?
Many people serving in the army, air force and navy do not realise they may be able to claim stress at work compensation whilst they are enlisted. Simply signing up for the armed forces does not take away your right to a safe and healthy working environment. Each of the armed forces is regulated under Health & Safety legislation and has to comply just like commercial companies do.
If youre a member of the armed forces suffering from work-related stress and youd like to make a claim for it, you would need to do so through the Armed Forces Compensation Scheme . To learn more, please get in touch using the contact details at the bottom of this page and see how we could help you claim through the AFCS.
If youd like support in making a claim against the Armed Forces, please get in touch with our team. In the meantime, for answers to questions such as how much compensation for stress at work?, please read on.
You May Like: What Is Post Traumatic Stress Syndrome
Reasons To Sue Your Employer
Employees sue employers for many different situations. Therefore, trying to share all the reasons to sue your employer feels like an impossibility. This is neither a complete nor exhaustive list of the types of lawsuits employees file. Regardless, heres a round up of these common reasons to sue your employer.
Employees sue for everything from hiring procedures to termination. Businesses might complain that nothing is off limits, but the fact of the matter is that employees can sue because their employee rights have been violated. The United States Department of Labor works hard to protect employees from employment discrimination, retaliation, and more.
Is It Possible To Bring A Case For Workplace Stress And Anxiety
If you believe an employer has failed to provide adequate protection for you, it may be possible to sue them.
It will come down to individual circumstances: what has caused the stress and anxiety, how it has been dealt with, and what your current relationship with the company is may affect the type of claim you can bring.
For example, it may be possible to claim for:
- breach of contract or negligence
- constructive dismissal
Whatever the circumstances, you should seek advice from a professional to identify what sort of legal claim you may have, as well as your chances of success.
You May Like: What Are Some Things You Can Do To Relieve Stress
What Is A Workers Compensation Stress Claim
Stress is a part of everyday life that we all experience whether in our personal lives or at work. Certain conditions or occupations are more conducive to higher stress environments, however when that stress reaches an extreme level resulting in a psychological injury, then you may be able to make a workers compensation claim for stress.
The psychological injury needs to have been caused or aggravated by your work for you to be eligible to make a workers compensation stress claim, rather than if your stress condition was caused by personal problems such as financial, relationship or health struggles.
What Is A Toxic Work Environment
A toxic work environment can mean harassment from supervisors, co-workers, or contract workers that creates an uncomfortable workplace. Employers have a responsibility to prevent a toxic work environment, and employees have the right to sue because of a toxic work environment.
New York City defines a hostile work environment as harassment that goes beyond a petty slight or a trivial inconvenience.
Don’t Miss: How To Not Stress During Pregnancy
How Bad Bosses Ruin Good Employees
They neglect to solicit staff input.
Bad bosses dont really value their employees, and the employees can feel it. In turn, they stop making their best effort. When you dont feel appreciated and valued, you are less likely to bring your best self to work, and you are less likely to flourish on your projects.
What Is Considered Emotional Distress
If a person’s actions toward someone else cause a very emotional and negative reaction. It is considered emotional distress. This negative emotional reaction might be so severe that legal action is warranted to compensate you for emotional damages, pain, and suffering. Emotional abuse can be just as bad as physical, and that is why you need an experienced employment attorney on your side.
Are you experiencing constant harassment and bullying in the workplace that causes you anxiety? Or are you depressed because your employer promoted other, less qualified employees, and you suspect it is due to discrimination? These are just a few emotional distress examples in the workplace. If you were diagnosed with anxiety or depression, or even have chronic headaches or insomnia due to events at your workplacethis could be cause for a lawsuit. Not sure if your situation fits the criteria? Contact Edgar Snyder & Associates at 412-394-1000 to see if you have a case.
Also Check: Can Stress Raise Your A1c
A Guide To Claiming Compensation For Stress At Work
Stress at work claims
If you suffer from work-related stress or have done in an old job, then you may have a valid reason to claim compensation for it. You may want to make a claim against your employer, be it your current employer or a previous employer. When you are trying to claim stress at work compensation, you can make a claim for incidents occurring up to 6 years ago in the UK.
This guide is intended to help people who have or are suffering from work-related stress by giving them a detailed overview of the process of making stress at work claims, answering common questions asked by claimants such as how much compensation for stress at work?.
Well also provide some legal advice on what to do before making a compensation claim to give your case the best chance of success. Finally, well explain the No Win No Fee claims service that we provide and how you could benefit from it yourself.
How To Support Employees Signed Off With Stress
If a member of staff has been absent from work because of stress, any fit note from their GP will usually record details of the functional effects of the employees condition so the employee and their employer can consider ways to help them get back to work. This could include, for example, amended duties, altered hours or a phased return.
For employees on long-term sick leave, and where the employer has an occupational health team or access to an external provider, a referral should be made for an assessment. In this way, recommendations for recovery can be tailored to the individuals needs in the specific context of their job role. Even for short-term cases of stress-related sick leave, seeking expert advice will not only help to prevent a recurrence of the employees symptoms, it will demonstrate your commitment to ensure the health, safety and welfare of your staff.
In all cases, it is important that an employee suffering from stress is given sufficient time to recuperate prior to returning to work and, on their return, they are not then subject to the same risk factors that caused or contributed to their stress in the first place. This means that you may need to review the employees job description, reduce their workload or hours, modify performance targets, or even transfer them into a different role.
Don’t Miss: What God Says About Stress
Suing For Emotional Distress At Work
Created by FindLaw’s team of legal writers and editors
Work can be stressful enough without your having to deal with the outrageous behavior of a co-worker. Despite repeated requests for help, your manager is not taking your complaints seriously. And now youâre having trouble sleeping, you feel anxious and are becoming depressed when you think about work. You start to wonder if you can sue your employer for emotional distress.
If you are experiencing emotional distress due to the negligent or outrageous intentional acts of another person, you may be able to bring a personal injury claim to recover damages. The law in this area is complex. Before you file a lawsuit, itâs important to understand the two forms of emotional distress recognized by the law.
Make A Quick Enquiry Now
Why not make a free enquiry now by contacting us in one of the following ways to find out if and how much you can claim :-
Why Trawl The High Street Trying To Find The Right Solicitor When We Have Already Done It For You?
If you are using a solicitor for the first time, or have not used a solicitor for a long time, how do you know which solicitor is going to provide you with the best service? Whilst everyone can assume that they all have a basic level of legal knowledge that means that they should be able to help you with your matter, how can you be confident that they really are the right solicitor for you?
With Loyalty Law, you do not need to worry. We have done the pre-approval and ensured that not only are they extremely efficient and competent in their specialist areas of law, but that they also provide a friendly and helpful service. For instant help, call us free now on .
Read Also: What’s The Best Way To Deal With Stress
Shine Lawyers Can Help
If you have suffered a psychological injury as a result of work stress, you may be entitled to compensation. Contact Shine Lawyers today for an obligation-free discussion about your potential claim. Our team of workers compensation experts can help you to understand your rights and access the compensation youre entitled to.
For more information about workers compensation stress claims, see our Common Questions section below.
Is An Employer Required To Do Anything To Help With Stress At Work
If youre wondering whether your employer has any legal responsibility to prevent you from suffering work-related stress, the answer is yes. If they fail to uphold this duty of care, you could be able to claim stress at work compensation from your employer.
The UK Health & Safety Executive outlines strict legislative requirements for employers dealing with stress at work. All employers have a minimum set of precautions that must be taken with the following aims in mind:
- Employees are less likely to suffer from stress
- Causes of stress are proactively sought out and removed from the work environment
However, many employers take matters much further, making sure that employees are reviewed regularly for signs of stress and that workplace counselling is available for people who are showing any symptoms, however mild.
To learn more about how to claim stress at work compensation and see how much compensation for stress at work could I be owed?, please read on.
Read Also: How To Stop Stress Breakouts
Should I Hire A Lawyer
Yes. If you are planning on filing a lawsuit for emotional distress, it is in your best interest to seek the counsel of an experienced lawyer. However, make sure that your case is worth pursuing. Most lawyers will not take this type of case unless there is a clear opportunity to win the case. Emotional distress cases can become complex and challenging very quickly, so ensure that you have enough evidence to move forward in the case.
Health & Safety Considerations
As mentioned above, every company must comply with the HSEs regulations that apply to their industry regarding work-related stress. The HSE has plenty of source material, not only for the company but also for individuals to learn how to deal with triggers of work-related stress and how to deal with it if it occurs.
For example, there are guidelines regarding stress for line managers to learn from and discover how best to manage their staff to alleviate stress. The most important is likely the HSE guidelines for MR managers, on how to eradicate toxic corporate culture and the subsequent stress it can lead to.
Recommended Reading: How To Manage Work Stress And Anxiety
No Win No Fee Stress At Work Compensation Claims
The legal fees involved in accident claims of any kind can be quite high. Even if you do pay your own legal costs, and you fail to win your case, you will lose them. But why take the risk? We have a solution.
We offer a No Win No Fee claims service. What this means, is that you wont need to pay any fees at all during the time we are helping you with your compensation claim. If we dont win your case, then you dont pay us anything at all. No risk at all, so there is no reason not to begin your claim today should costs concern you.
If you have any questions at all about No Win No Fee stress at work compensation claims, please get in touch on the number at the top of this page.
Legal Help From A Professional
Another way that we help people is by providing legal help for free if youre in need. Contact our office and we can set up a free consultation with one of our experienced healthcare experts to help you reduce stress. We will also help you determine if you have a case against your employer for negligent or intentional infliction of emotional distress. We wont turn you down based on an inability to pay, and well work hard to make sure your rights are protected under the law.
Weve been helping employees with stress at the workplace. If its anxiety or stress at work thats causing other problems in your life, such as physical symptoms or relationship issues. Its important to seek help.
What actions must you take? If you feel like your employer is not holding up their end of the bargain, you can take these actions: You can file a complaint with the Department of Labor, Occupational Safety and Health Administration. File a complaint with your states labor agency to see if they have any additional advice for you. You can consult an attorney about your options.
Don’t Miss: Can Stress Cause An Aneurysm