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Mental health injury

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Gohan2

Junior Member
I live in Michigan. I currently have an eeoc case for discrimination filed. I am in the process of suing them (have not filed yet) and it looks like I will probably be able to recover the maXimum allowed of 300,000 dollars from them for the discrimination. They failed to provide accommodations. My question is there a way for me to file a personal injury lawsuit? Would it be better to file personal injury than discrimination due to being able to recover more damages? If so can i file it with my discrimination suit? I'm just trying to figure out how to get the most out of my employer for the hell they've put me through.
While I was off on medical leave for mental health issues my employer continually called me and even sent a private investigator after me and I saw the person confronted them not knowing who they were or why they were following me. (That seems very negligent to do to a person with mental illness) Up until that point I was doing fairly well on my recovery. After this happened my mental health declined severely. My coworkers started referring to me as crazy blank. I didn't leave my home for two months. I started doing better and was cleared to try to return to work and they denied me forcing me onto long term disability. WHich in turn caused me to not be able to afford my insurance unavailable medications and caused further harm to me. My doctor now believes that I may not be able to return to any job because of the stuff I've been through. I now cannot return to my job where I made 80k a year plus benefits. The difference in my pay on long term disability and full pay is 30k a year. I know that 300k is a lot of money but not compared to the 3 million plus I would have made over the next 30 years working there. Let's not forget that I would have had a pension and 401k.
 
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quincy

Senior Member
I live in Michigan. I currently have an eeoc case for discrimination filed. I am in the process of suing them (have not filed yet) and it looks like I will probably be able to recover the maXimum allowed of 300,000 dollars from them for the discrimination. They failed to provide accommodations. My question is there a way for me to file a personal injury lawsuit? Would it be better to file personal injury than discrimination due to being able to recover more damages? If so can i file it with my discrimination suit? I'm just trying to figure out how to get the most out of my employer for the hell they've put me through.
While I was off on medical leave for mental health issues my employer continually called me and even sent a private investigator after me and I saw the person confronted them not knowing who they were or why they were following me. (That seems very negligent to do to a person with mental illness) Up until that point I was doing fairly well on my recovery. After this happened my mental health declined severely. My coworkers started referring to me as crazy XXXX.I didn't leave my home for two months. I started doing better and was cleared to try to return to work and they denied me forcing me onto long term disability. WHich in turn caused me to not be able to afford my insurance unavailable medications and caused further harm to me. My doctor now believes that I may not be able to return to any job because of the stuff I've been through. I now cannot return to my job where I made 80k a year plus benefits. The difference in my pay on long term disability and full pay is 30k a year. I know that 300k is a lot of money but not compared to the 3 million plus I would have made over the next 30 years working there. Let's not forget that I would have had a pension and 401k.
Please remove your name from your post. Thanks.

If you do not have an attorney yet, you should have one.

Employers often follow up on employees who are out on medical leaves, to verify the legitimacy of the employees' claims. You can, in other words, expect an investigation.

What is your "personal injury?"
 
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HRZ

Senior Member
Until and unless you get an attorney seasoned at litigation of such discrimination matters on a contingency basis ...I think you are counting chickens not even known to hatch .


BTW I happen to think it makes sense to check on employees on leave ( provided they are not singled out for any illegal reasons ) amazing what turns up!
 

quincy

Senior Member
Here is a link to Michigan Legal Aid with some information on employment discrimination that you might find helpful: http://www.michiganlegalaid.org/library_client/resource.2005-05-29.1117417921286/html_view

If you are intending to file a discrimination claim against your employer under federal laws, you have 180 days from the date of the incident to file. Filing a discrimination claim and/or a personal injury claim under Michigan state laws, the statute of limitations is 3 years.

Again, you will want to consult with an attorney in your area.
 

Gohan2

Junior Member
I'm actually his wife. I don't know how to edit the post to remove the name is used.

He does have a lawyer. We are meeting with him on Thursday. I just want some other perspectives on the situation.

The eeoc haso found that the employer violated my husbands rights. While my husband was off he was followed by the pi. They had an altercation because there were pictures of my daughter, him, and me in the car with the pi. The pi failed to identify himself and denied knowing us. With all the sex trafficking these days my husband flipped out damaging the pi vehicle. In the process he hurt his wrist and ankle. The company admits to having the pi follow him and that he damaged the vehicle. We have documentation from them stating so. We filed a police report on the guy for stalking and looked into a ppo against him. That's when we found out who he was. This set him back on his recovery. He ended up having to be hospitalized again. Does he have a personal injury case and discrimination? Or is it a one or the other?

I agree the company should be able to monitor employee treatment. While that said there are other ways to do it for a mental health patient. He had signed a release that his employer could talk with anyone involved in treatment. They could have called doctors offices and pharmacies to verify he'd made it and filled prescriptions. Having a mental health patient followed seems rather neglgent. My husband had only been off work approximately 4 weeks when the pi altercation happened. This includes being hospitalized for one of those weeks and use of vacation days. I think mental heath patients should be looked at a little different than normal medical patients.

I'm just trying to get others perspectives. Thank you.
 
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Shadowbunny

Queen of the Not-Rights
I'm actually his wife. I don't know how to edit the post to remove the name is used.

He does have a lawyer. We are meeting with him on Thursday. I just want some other perspectives on the situation.

The eeoc haso found that the employer violated my husbands rights. While my husband was off he was followed by the pi. They had an altercation because there were pictures of my daughter, him, and me in the car with the pi. The pi failed to identify himself and denied knowing us. With all the sex trafficking these days my husband flipped out damaging the pi vehicle. In the process he hurt his wrist and ankle. The company admits to having the pi follow him and that he damaged the vehicle. We have documentation from them stating so. We filed a police report on the guy for stalking and looked into a ppo against him. That's when we found out who he was. This set him back on his recovery. He ended up having to be hospitalized again. Does he have a personal injury case and discrimination? Or is it a one or the other?

I agree the company should be able to monitor employee treatment. While that said there are other ways to do it for a mental health patient. He had signed a release that his employer could talk with anyone involved in treatment. They could have called doctors offices and pharmacies to verify he'd made it and filled prescriptions. Having a mental health patient followed seems rather neglgent. My husband had only been off work approximately 4 weeks when the pi altercation happened. This includes being hospitalized for one of those weeks and use of vacation days. I think mental heath patients should be looked at a little different than normal medical patients.

I'm just trying to get others perspectives. Thank you.
That is a rather outrageous excuse for your husband's behavior, and I can't see how that would support a personal injury case. At all. And how do you figure discrimination comes into play? Did they single your husband out for further investigation BECAUSE he is in a protected class? Is it possible they had reason to doubt his claims, hence the PI?

And when you say the "The eeoc haso found that the employer violated my husbands rights" what do you mean?
 

quincy

Senior Member
I'm actually his wife. I don't know how to edit the post to remove the name is used.
The name was removed for you. Personal identifying information should be left out of posts on this forum for the protection of all involved.

He does have a lawyer. We are meeting with him on Thursday. I just want some other perspectives on the situation.
The perspective that matters will be from the attorney your husband consults, as that attorney will have access to all facts and can go over with your husband his experiences.

!The eeoc haso found that the employer violated my husbands rights. While my husband was off he was followed by the pi. They had an altercation because there were pictures of my daughter, him, and me in the car with the pi. The pi failed to identify himself and denied knowing us. With all the sex trafficking these days my husband flipped out damaging the pi vehicle. In the process he hurt his wrist and ankle. The company admits to having the pi follow him and that he damaged the vehicle. We have documentation from them stating so. We filed a police report on the guy for stalking and looked into a ppo against him. That's when we found out who he was. This set him back on his recovery. He ended up having to be hospitalized again. Does he have a personal injury case and discrimination? Or is it a one or the other?
Your husband has time to consider a personal injury claim. I suggest he concentrate on the discrimination claim first.

In addition, your husband might find himself either criminally charged or sued by the private investigator whose vehicle he damaged. Should a charge or suit result from the altercation, your husband will have to devote some time to that, as well.

If your husband is mentally fragile, trying to do too much at once could create problems for him. He should rely on his attorney's advice and direction.

I agree the company should be able to monitor employee treatment. While that said there are other ways to do it for a mental health patient. He had signed a release that his employer could talk with anyone involved in treatment. They could have called doctors offices and pharmacies to verify he'd made it and filled prescriptions. Having a mental health patient followed seems rather neglgent. My husband had only been off work approximately 4 weeks when the pi altercation happened. This includes being hospitalized for one of those weeks and use of vacation days. I think mental heath patients should be looked at a little different than normal medical patients.
I do not see negligence by the private investigator. I see a husband who appears to have reacted more violently than circumstances warranted, based on what you have described. Reactions like that are not going to benefit your husband and are going to make the job of his attorney more difficult.

Good luck.
 
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