Q: I was the victim of a hostile work environment. However, I recently left the job. Do I have a valid case against them?
I was discriminated for a mental health disability and was constantly singled out for inappropriate reasons. I was forced to be taken out of work on disability in order to return to a healthy state emotionally and mentally. I recently left the job but, still feel they should be held accountable for the way they treated me (and are now treating my mom who works there). I was never trained, refused accommodations for a healthier work environment and when I would bring my concerns to my manager or HR I was told that I was the problem and should just leave. I was repeatedly YELLED at by my HR and belittled. I had a severe anxiety attack one day when my manager was harassing me and as I left work I had told her I was going to take a bunch of pills and she wouldn't have to deal with me anymore. My mom was not notified (she was in the next room) and no one called to make sure I was okay or safe after I left. Also, because they never sent in my insurance papers I could not seek treatment.
A:
Constructive discharge is very hard to prove. That means they forced you to leave.
Did you receive unemployment benefits? If you lose those which are usually pretty easy to get in N.Y. you may have a tough time with other claims.
Have you retained a work comp lawyer? You should call some. They will not charge to speak with you. If the breakdown was work related that may be your best shot.
Did you ask for an accommodation? You would have told them what your diagnosis is and then asked them to do X to accommodate it.
Unfortunately employers dont have to train anyone unless your union requires it. And employment law is not a civility code. Here's a possible plan:
1) apply for unemployment honestly if you can work now
2) consult with a work comp lawyer if you or any doc thinks your condition work related
3) invest in a consultation with an employment lawyer
Good luck. Don't wait. Missing deadlines is disastrous. Act now.
Barry E. Janay agrees with this answer
1 user found this answer helpful
A: I am sorry to hear about your situation. You should talk with an employment attorney to go over the specifics of your situation and to see what your options are at this time. As already mentioned, proving a constructive discharge may be difficult, however based on your circumstances this may be able to be proved.
A: You may have a case for hostile work environment, and hopefully all is well documented. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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