I'm in CA.
This is second time in 7 months I have been harassed. I've put up with it a long time. I complained the first time. Because of confidentiality I wasn't told the results of the investigation or if there was one. I do know she wasn't fired and I learned not to say anything. Now someone else has been harassing me and finally went too far. I complained by sending an e-mail to my supervisors and cc'ing HR. The Sr. Director chewed me out royally for not following the chain of command. That's just a snippet.
I am on SSDI for psychiatric disability. I work part-time keeping my hours and pay in-line with what's allowed to stay on disability. I have disclosed my disability. I have been open about.
The person who is recently harassing me has told other staff that she "enjoys messing with my head."
Everything has gotten too stressful because of what I've been putting up with and how my employer (the Y) is handling the situation. I have 0 benefits, no sick time, no vacation time, nothing. I work part-time because I don't get enough on SSDI to survive. So I need my meager wages.
But, I don't want to go to work until everything is straightened out. I got pushed too far last night and pretty much lost it. It was directed at yet another staff member who tried to leave early. He's young. The dept. is dysfunctional, and for some reason everyone thinks they can leave their shift early (15 to 45 minutes early on a regular basis) leaving me and the closer with all the work. I worry now that I'll explode at one of the members the next time one of them is being obnoxious (and yes it happens multiple times every shift - no, not that I explode, but that people are obnoxious.) From what I can tell, WC is unlikely to do anything for a psychiatric injury.
I've escalated things from the branch to the regional level. I figure I need to talk to an ADA attorney. And from what I've read on some of the threads in this forum I may need to file a complaint at EEOC.
That aside, does anyone have any suggestions for me? Has anyone had any kind of experience with this? Coincidentally I had a psychiatrist appt. today. I asked him if he thought I should be going to work and he said, "No." From my perspective this should be covered under WC.
1171 should be around soon and can probably answer your questions.
Hi,
Have you filed a WC claim or an EEOC claim yet?
Take care, try to calm down, and stress out. lilly
you need to get the advice of your doctor or physician. they are the one who can properly evaluate your work restrictions and your working environment. There maybe a change in your condition that requires a change in treatment. Your view of the situation and your response to situations is part of your mental condition and disability.
you never indicated whether your disability was work related so I'm not sure how work comp plays a part in your situation?
or are asking about filing a comp claim for the recent incidents?
I haven't file a WC claim yet. I was trying to find out yesterday if I qualified to pursue it. Haven't filed EEOC yet, but Disability Rights' attorney is going to talk to me this afternoon.
My SSDI status is not work related. However, because of what has been happening at work it is acerbated and I do not think it is good for me to be working right now. My psychiatrist doesn't think it is good for me to work right now either.
This all just came to a head in the last 7 days, but it has been building. My thinking is that the working conditions have led to this since everyone at work knows of my disability and they have been deliberately provoking me. It's like, if you know someone is allergic to peanuts, do you put peanuts in her food? Does that explain why I thought maybe I an file a WC claim for mental duress? Do you think it flies?
your psychiatrist needs to decide whether you have suffered further injury and whether it is from your job. Any claim requires medical corroboration; neither the employer nor the employee get to decide without evidence whether work comp benefits are due.
In california Psychiatric injuries require a higher threshold for compensibility; it can't be just any cause or work relationship.
you can file a claim form with your employer
http://www.dir.ca.gov/dwc/DWCForm1.pdf[/b]
see Labor Code 3208.3 for rules on psychiatic injuries
http://www.leginfo.ca.gov/cgi-bin/displa...=3200-3219
Thanks. Talked to the VP of HR and she's says they'll pay me for my shifts while they investigate. So I don't have to work until then. She said it would probably take until Tues. The Disability Rights attorney I spoke to this pm says to wait to see what they say Tues.
I'll print out the form you sent the link to.
Thanks.
looks like you are getting timely legal advice and should defer to their expertise.
Good Luck U.D.
We will keep you in our thoughts and prayers.
Lilly