• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Case against boss/company?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

virginiaguy777

Junior Member
What is the name of your state (only U.S. law)? Virginia

Hello,

I am reaching out to see if someone can advise me on what I should do in regards to my specific issue I'm currently dealing with at work. I'll summarize the events and add the major event which took place at work, which I'm being told I have a case against by boss/company.

I have been working for a mid size company for close to 10 years now and have been dealing with a boss who has completely changed his personality for the worse towards me in the past few months. It's gotten so bad that I have been seeing a Dr. about anxiety/ panic disorder since I am always in fear while at work due to the way he treats me. My boss and I used to work well in the past which is why this whole issue is perplexing to me. We went from speaking every single day to nothing.. and when I say nothing I mean he will say hi to the rest of the team members and walk me right by without saying anything. About 2 months ago he wrote me up on performance issues which I disagreed with everything he wrote since they were all lies and I confronted him on them but didn't get anywhere other than we were supposed to have a weekly review meeting to go over what is needed and what he expects from me but out of a total of 6 meetings he was supposed to attend, he was only present one and half times which he didn't even follow up with me to let me know why he missed these meetings. So this proved to me that he really doesn't care anymore which leads me up to the major event which took place. About 3 weeks ago my the boss and I were discussing a request he wanted (first one in 3 months) and during the normal toned conversation he says to me," Do not make this confrontational" which I was totally in shock since he was bringing it to this level which was totally unnecessary and unprofessional. After he kept saying this statement to me a few times I couldn't take it anymore. I then told him firmly that we need to go to HR since this is getting out of control and we need to have them involved immediately. So I went to HR but they were not available so during my walk back to my desk I started feeling really sick and dizzy and my chest was hurting really bad. I thought I was having a heart attack so I went to my boss to tell him that I think I'm having a heart attack and I need to leave right now and all he did was turn his back to me and started working on his computer again. He didn't even ask me if I needed help or anything and just let me walk out of his office which I went to the Dr. and they said I was having a major anxiety attack.

So after the above mentioned event occurred I have been on short term disability as per my Dr's recommendation and to this day, I have not even received a call or message from my boss asking if I'm ok. I know I shouldn't be expecting anything from him but this proves to me even more that this is a personal issue.

So my question is do I have a case against him and/or the company?

Thanks so much and appreciate this site!!
 


FlyingRon

Senior Member
Your boss is not necessarily your friend or caretaker. It's not necessarily any concern as to how your mental treatment is going. It's clear you definitely need it, but I fail to see what your LEGAL issue is. You have no case period. In fact, it appears they have been more accomodating to you then they are required.
 
What is the name of your state (only U.S. law)? Virginia

Hello,

I am reaching out to see if someone can advise me on what I should do in regards to my specific issue I'm currently dealing with at work. I'll summarize the events and add the major event which took place at work, which I'm being told I have a case against by boss/company.

I have been working for a mid size company for close to 10 years now and have been dealing with a boss who has completely changed his personality for the worse towards me in the past few months. It's gotten so bad that I have been seeing a Dr. about anxiety/ panic disorder since I am always in fear while at work due to the way he treats me. My boss and I used to work well in the past which is why this whole issue is perplexing to me. We went from speaking every single day to nothing.. and when I say nothing I mean he will say hi to the rest of the team members and walk me right by without saying anything. About 2 months ago he wrote me up on performance issues which I disagreed with everything he wrote since they were all lies and I confronted him on them but didn't get anywhere other than we were supposed to have a weekly review meeting to go over what is needed and what he expects from me but out of a total of 6 meetings he was supposed to attend, he was only present one and half times which he didn't even follow up with me to let me know why he missed these meetings. So this proved to me that he really doesn't care anymore which leads me up to the major event which took place. About 3 weeks ago my the boss and I were discussing a request he wanted (first one in 3 months) and during the normal toned conversation he says to me," Do not make this confrontational" which I was totally in shock since he was bringing it to this level which was totally unnecessary and unprofessional. After he kept saying this statement to me a few times I couldn't take it anymore. I then told him firmly that we need to go to HR since this is getting out of control and we need to have them involved immediately. So I went to HR but they were not available so during my walk back to my desk I started feeling really sick and dizzy and my chest was hurting really bad. I thought I was having a heart attack so I went to my boss to tell him that I think I'm having a heart attack and I need to leave right now and all he did was turn his back to me and started working on his computer again. He didn't even ask me if I needed help or anything and just let me walk out of his office which I went to the Dr. and they said I was having a major anxiety attack.

So after the above mentioned event occurred I have been on short term disability as per my Dr's recommendation and to this day, I have not even received a call or message from my boss asking if I'm ok. I know I shouldn't be expecting anything from him but this proves to me even more that this is a personal issue.

So my question is do I have a case against him and/or the company?

Thanks so much and appreciate this site!!
The only possible case you could have is a Worker's Compensation Stress Claim IF you could document some sort of serious events during your 3 month period in which you and your boss were not getting along. However, I don't see anything serious enough for you to successfully file such a claim with your state's (Virginia) Worker's Compensation Administration and receive such benefits as described under Virginia Worker's Compensation.
 

commentator

Senior Member
Worker's comp tends to look at it as, "If it had happened to you, or could have happened to you off the job (thought it did happen on the job) it's probably not a worker's comp issue." For example, if you have a heart attack at work, it would be hard to sue your employer or ask for worker's comp to cover it, since it is a health issue that likely could have happened anywhere.

If the panic attack occurred, for example, immediately after you had witnessed a horrible accident on the job, or if your boss had threatened or attacked you in some real scary way that might give credibility to a work related panic attack. But in the situation you are describing the boss did nothing untoward. It sounds a lot like you ARE having stress, perhaps paranoic issues, definitely anxiety, and it may be work related, or it may just be related to your brain chemistry and what is going on with you right now.

In any case, worker's comp, OSHA, or any of our nation's labor laws do not require an employer to provide a stress free or encouraging environment for employees. Labor laws enable employers in an "at will" state to treat you pretty much as they wish to treat you, as long as they do not violate any EEOC related issues, and do not ask you to do something illegal or dangerous. That your boss has not been being nice to you, in fact may have been treating you unfairly, and you are very stressed about it and your doctor has told you to take time off from work does not a worker's comp case make. You will no doubt be on FMLA during this absence, if the company is big enough to have an HR, I'm guessing, and you've been there quite a while. But I do not see that you have any kind of case against this employer for your stress condition.
 

cbg

I'm a Northern Girl
The only possible case you could have is a Worker's Compensation Stress Claim IF you could document some sort of serious events during your 3 month period in which you and your boss were not getting along. However, I don't see anything serious enough for you to successfully file such a claim with your state's (Virginia) Worker's Compensation Administration and receive such benefits as described under Virginia Worker's Compensation.
Not to mention the fact that stress claims are next to impossible to get approved as workers comp.
 

virginiaguy777

Junior Member
First off... Thank You all for the replies. I guess I was leaning more towards a harassment/grievance lawsuit and not a workers compensation claim so I maybe asking my questions in the wrong forum. I just can't believe a company (Mid-Large Public) would not be responsible for a manager's (Director in my case) negligence on providing medical assistance/support to an employee during a time of need (when I went to him stating that I think I'm having a heart attack and he just turned around on me).

Again, I maybe in the wrong forum so I will discontinue communication since my concern is not related to Workers Comp.

I thank you all again :)
 

FlyingRon

Senior Member
From your description, you have no claim for workman's comp either. If your employer has an internal grievance procedure you can try that, but frankly, bosses aren't required to be friendly, consistent, or fair.
 

virginiaguy777

Junior Member
From your description, you have no claim for workman's comp either. If your employer has an internal grievance procedure you can try that, but frankly, bosses aren't required to be friendly, consistent, or fair.
Good point FlyingRon and appreciate your input. I will look into our internal policies and proceed accordingly.

Again. Thanks !
 

cbg

I'm a Northern Girl
I guess you don't pay the employer's liability insurance premiums, huh.

There's a reason why employers are not responsible for the medical welfare of their employees outside the bounds of workers compensation, other than to provide health insurance.

And nothing you have described constitutes illegal harassment, either.

An internal complaint system is about all you've got. There's nothing in the law that is going to force your boss to be nice to you.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top