Q: What is needed for emotional distress case

A: I worked for over 6 yrs without ever being promoted or receiving clear feedback on how to advance. PRIVATE EMPLOYERS ARE NOT REQUIRED TO PROVIDE FEEDBACK ON HOW TO ADVANCE BUT THEY CANNOT DISCRIMINATE AGAINST ANY PERSON BECAUSE OF ONE OR MORE PROTECTED CLASSES TO WHICH AN EMPLOYEE BELONGS.

Despite repeatedly reporting instances of being spoken to disrespectfully by coworkers, management dismissed my concerns, telling me to 'let it go.' Over time, the ongoing mistreatment severely impacted my mental health. DISRESPECT IS NOT ILLEGAL ALTHOUGH NO EMPLOYEE SHOULD BE SUBJECTED TO REPEATED COMMENTS OR ACTS BECAUSE OF ONE OR MORE PROTECTED CLASSES TO WHICH THEY BELONG. IF YOUR EMPLOYER OR CO-WORKERS KNEW THAT YOU SUFFERED WITH A DISABILITY AND THEY MADE FUN OF THAT DISABILITY OR CALLED YOU NAMES BECAUSE THEY MOCKED OR SOMEHOW RIDICULED A SYMPTOM OR A CONDITION WHICH THEY PERCEIVED OR REGARDED AS DISABLING THAT MIGHT BE DISCRIMINATORY OR SOMETIMES EVEN HOSTILE. DISRESPECT WITHOUT MORE IS NOT.

Last year, I had a breakdown and told my therapist. THAT IS OF COURSE A GREAT MOVE AND SMART. This year, I took medical leave due to daily panic attacks at work—something I’d never experienced before this job. My doctor prescribed medication for depression and anxiety after reviewing my therapy notes. When I attempted to return, I suffered another panic attack and resigned. THIS DEPENDS ON THE FACTS LEADING UP TO RESIGNATION. IF YOUR EMPLOYER KNEW THAT YOU WERE DISABLED OR FOR EXAMPLE, HAD OBSERVED YOU IN A MEDICAL EMERGENCY, IT MIGHT BE REQUIRED TO INITIATE AN INTERACTIVE PROCESS TO SEE WHETHER IT COULD ACCOMMODATE YOUR CONDITION. IN MOST CASES THE EMPLOYEE NEEDS TO REQUEST OR INITIATE THE INTERACTIVE PROCESS BUT DEPENDING ON MORE DETAILED FACTS WHICH SHOULD PROBABLY NOT BE POSTED ON A PUBLIC FORUM THERE ARE INSTANCES WHERE AN EMPLOYEE WITH SEVERE MENTAL HEALTH ISSUES IS UNABLE TO INITIATE THE INTERACTIVE PROCESS BECAUSE OF THEIR MENTAL HEALTH. AGAIN, THIS DEPENDS ON WHAT THE EMPLOYER OBSERVED AND WHETHER THERE WERE ENOUGH FACTS FOR THE EMPLOYER TO KNOW THAT YOU NEEDED AN ACCOMMODATION. MANY PEOPLE SUFFER WITH DEPRESSION AND ANXIETY. THE PRECISE DETAILS OF YOUR PANIC ATTACKS AT WORK WOULD NEED TO BE ANALYZED TO DETERMINE WHETHER YOU SUFFERED A POTENTIALLY RECOVERABLE CLAIM UNDER WORKERS COMPENSATION (YOU WOULD REACH OUT TO A WORK COMP LAWYER FOR THIS) OR WHETHER NO REASONABLE EMPLOYEE IN YOUR SHOES WOULD HAVE STAYED AND WHETHER YOU ACTED REASONABLY. CONSTRUCTIVE DISCHARGE IS A CHALLENGE. HOPEFULLY YOU ARE ABLE TO RECOVER UNEMPLOYMENT BENEFITS BECAUSE THAT SHOULD BE AVAILABLE IF YOU ARE CURRENTLY READY, WILLING AND ABLE TO WORK. IF YOU CAN NO LONGER WORK AT ALL YOU SHOULD PROBABLY CONSULT DISABILITY LAWYERS NOW - SOCIAL SECURITY, WORKERS COMPENSATION, SHORT TERM PROVIDED BY YOUR EMPLOYER, ETC... DID YOU CONSULT LAWYERS BEFORE QUITTING AND IF NOT WAS THERE A REASON YOU CHOSE NOT TO DO SO WHICH MANY LAWYERS MIGHT INQUIRE ABOUT.

Since then, I’ve been unable to work as my providers want me to focus on my mental health as i do not feel strong enough to go into another work environment yet. My family and friends believe I should pursue a case for emotional distress. Based on this, do I have grounds to? CALL WORKERS COMPENSATION LAWYERS IMMEDIATELY. MOST, NOT ALL, EMPLOYMENT LAWYERS WOULD LIKE TO SEE THEIR CLIENTS OBTAIN UNEMPLOYMENT BENEFITS BECAUSE WAGE LOSS IS WHERE MANY DAMAGE CALCULATIONS S BEGIN. CALL DISABILITY BENEFITS LAWYERS IF COMP DOES NOT WORK. GOOD LUCK.