Q: I am a medical professional where a union exists. I work for a very large company with approximately 20,000 employees nationwide. For the last year, my boss has been angry at me for my injured back, as if I wanted this to happen. I obviously did not. I had asked for an accommodation due to severe back problems, which he denied even though I submitted a doctor’s letter.
He has repeatedly harassed and discriminated against me on the job, which has taken a toll on my health and stress levels. I had the union start a grievance, and I have spoken to an attorney who wants to first file with the Equal Employment Opportunity Commission. I also want to charge my employer for severe emotional distress that is now causing additional problems. I have developed stress-induced cold sores all over my lip and an infection. My boss also gave me the most horrendous review of my life last week.
I am still employed under this boss, so I am now trying to survive in a hostile environment.
A: It is important for you to be patient and give the union a chance to represent you. As part of membership dues, unions usually take money out of every paycheck to represent members; they are fully funded and have their own attorneys who regularly deal with the employer. Using a union representative has the potential to offer the fastest and least confrontational route, which helps if you want to stay with your employer. It will depend on that representative’s effectiveness.
Union-member employees can also pursue their claims with the Equal Employment Opportunity Commission in addition to union representation, but the EEOC is often overwhelmed with cases and tends to be very slow. Patience is critical if an employee is only relying on the EEOC for results. Also, according to an experienced employment lawyer, employees are likely to get a modest response to their filings.
To speed up the process, employees can file a lawsuit in court depending on the state they are in. But they must be prepared to devote a significant amount of time to their case. Filing a claim is a very long road (years) and may not be the best for their goals.
Damages can be pursued in court and with the EEOC claiming emotional distress; however, be prepared for a fight and much work ahead on the case. “Emotional damages are difficult to prove,” says this winning employment law attorney, “and without solid doctors’ notes and prescriptions, it’s hard to win significant damages for such claims.” Plaintiffs also need to know in advance that most states have caps on this type of damage. Generally, the easiest type of damage to prove in employment law claims is “lost wages.” The obvious problem, though, is if a person still has a job, this damage is not available.
The best path is to confer with the union and an attorney to determine the best strategy. Most often, workers should explore all simple solutions before getting involved in complex litigation. The litigation itself could place tremendous stress on an employee, so that must also be considered.
Essentially, a lawsuit is an investment of time and money; much can happen before the employee sees results. Before filing, a person must ask five important questions:
No. 1. Do I have a significant case that will yield a worthwhile amount in damages if I win? Most attorneys charge fees of at least one-third of the amount awarded.
No. 2. Will I have enough personal time to provide everything the attorney requests from me?
No. 3. Will I have the money for whatever arises in my life throughout the lawsuit?
No. 4. Am I aware of all possible repercussions from filing the lawsuit?
No. 5. Will I have the patience to follow it through the years, regardless of whether I win or lose?
People stand in awe over some of the tremendous results from lawsuits; those results are not common. When a person is angry and still reeling from the experience, their emotions can run high, providing a good amount of energy. As those emotions settle, so will the energy and, sometimes, the motivation. One must also accept that the end results of the lawsuit may be negative. All investments have risks. Know all risks, then decide.
Email [email protected] with all your workplace experiences and questions. For more information, visit www.lindseyparkernovak.com and for past columns, see www.creators.com/read/At-Work-Lindsey-Novak.
