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Does Being Stressed at Work Mean Your Work Environment is Hostile

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  • 01-18-2014, 11:56 PM
    MimiLaroo
    Does Being Stressed at Work Mean Your Work Environment is Hostile
    My question involves employment and labor law for the state of: CA

    I am currently on medical leave from my position due to depression and anxiety. I work for a software company dealing in health benefits. We have what we call "Busy Season" which usually last from early Oct to mid January. This is due to most companies having their benefits renew January 1st.

    Our company completely reorganized my department during our 2013 busy season and I also received a nice promotion during this reorganization. When I applied for the position, I was told I was to have in my book of business, 20 clients, two brokerage firms to oversee and a specific department to support my job duties. This support was to be given due to the high visibility of my clients.

    Everything started to unravel for myself and my colleagues as soon as the reorganization hit as it was about as poorly timed as could be. 10 hour days turned into 16 hour days. A six day work week was soon replaced by a 7 day work week. My original book of 20 clients morphed to 50 clients. The department which was supposed to support me was never instituted. I was assigned a third brokerage firm. At the time of receiving the third brokerage firm I pleaded to not be assigned them as I was at my limit.

    I was told I would have one individual to back me up on the new brokerage firm to help me. A week later they went on LOA, but there was no one ever reassigned to assist me. (50% of my department is on stress leave now).

    On top of this, I had to perform a new job function with no training. I was not too worried as this new job function came with a Project Coordinator who was to streamline the process for the client and myself. When I was assigned a project I was waiting for my Project Coordinator to help begin. After a few days and no communication I reached out to a supervisor who told me the PCs would not be doing that job anymore. No forewarning. No communication. I then asked the supervisor if they would be holding additional training on this and I was met with a negative.

    People began going on leave, getting fired and quitting due to the stress. The work began piling and piling as it had to be dispersed amongst a smaller pool of people. The supervisor hired some temps to come in and I asked repeatedly for help, but was denied as "I could take it and the temps are there for people who need the help".

    The day before I went on leave I was sick, physically and mentally. I was having full blown panic attacks (which I have never had in 37 years and after burying both parents by 24).

    When I went to the doctor, my blood pressure was so high he put me on blood pressure medicine. My blood pressure is still not okay over a month later. I have gained 50 pounds in my two years there and now I am both antidepressants and anxiety medication. I have been with my doctor for years and there are clear records of good health until this job. After my father passed in 2001 I did seek therapy for about three months.

    The icing on the cake came today when coworkers called telling me the president of the company came to our location to address the current environment to the employees. Amongst other things he said "Out of the 6 people on leave, only 2 should come back". He also stated the people on leave had caused the current situation. This was said in a public forum with both supervisors and non supervisors. This is absolutely a falsehood and has caused additional emotional distress. We were sinking before one person had left.

    I see his statements as causing a hostile work environment. How can I go back to a place where more than likely I should not per the VP. Also, I have been unfairly blamed for causing the debacle.

    I asked for help so many times. Signed on for a job which morphed well beyond what I was told it would be. The stress had me walk away- maybe for good from a great promotion and financial stability. Where they negligent in ignoring my repeated request for help? For assigning duties with no training or chain of command for help? Did my VP cause a hostile work environment

    Also, my reviews and records are impeccable. No conduct issues of any kind.

    I am not a sue happy person, but I don't even feel mentally well enough to look for another job.

    Thank you so much in advance.

    Sincerely,

    -C
  • 01-19-2014, 12:04 AM
    Dogmatique
    Re: Do I Have Cause to Sue My Employer for Negligence And/or a Hostile Work Enviromen
    "Hostile work environment" has a very specific meaning - what you describe is not HWE.

    Where do you think "negligence" comes into play?
  • 01-19-2014, 01:10 AM
    MimiLaroo
    Re: Do I Have Cause to Sue My Employer for Negligence And/or a Hostile Work Enviromen
    Quote:

    Quoting Dogmatique
    View Post
    "Hostile work environment" has a very specific meaning - what you describe is not HWE.

    Where do you think "negligence" comes into play?

    Thank you for the quick reply. To be honest, I am not sure of either. You don't feel the VP of the company announcing in a public forum that a majority of those on leave should not return, or the quagmire was caused by us? To me, this feels like I would be returning to a hostile work environment that is not sensitive to their employee's medical disabilities.

    I found this explanation for HWE:

    Hostile work environment” harassment, speech or conduct that is

    · “severe or pervasive” enough to

    · create a “hostile or abusive work environment”

    · based on race, religion, sex, national origin, age, disability, veteran status, or, in some jurisdictions, sexual orientation, political affiliation, citizenship status, marital status, or personal appearance,

    · for the plaintiff and for a reasonable person.

    http://www2.law.ucla.edu/volokh/harass/defn.htm

    Negligence, I feels comes into play as I had repeatedly requested support and was told I would receive none as other people needed it more than I. Even after speaking over ten times to my direct supervisor that the workload and hours was unmanageable and both my clients and my own self were suffering these were ignored and I was assigned additional duties. The guise of giving me these duties was support I was to receive that never once materialized.

    Again, I know very little about employment law and welcome any discussion/feedback.

    Sincerely,

    -C
  • 01-19-2014, 01:17 AM
    Disagreeable
    Re: Do I Have Cause to Sue My Employer for Negligence And/or a Hostile Work Enviromen
    You are not even close. Whether you realize it or not some people do work 70 hour high stress jobs. It appears you should be looking for an easier one. The company is transitioning, you are not up to the task.
  • 01-19-2014, 01:21 AM
    Dogmatique
    Re: Do I Have Cause to Sue My Employer for Negligence And/or a Hostile Work Enviromen
    Nope, doesn't even come close.

    You're nothing more than stressed about your job - while you may feel that it's solely because of your employer, the court would not agree.
  • 01-19-2014, 01:26 AM
    MimiLaroo
    Re: Do I Have Cause to Sue My Employer for Negligence And/or a Hostile Work Enviromen
    Quote:

    Quoting Disagreeable
    View Post
    You are not even close. Whether you realize it or not some people do work 70 hour high stress jobs. It appears you should be looking for an easier one. The company is transitioning, you are not up to the task.

    70 hour weeks is not an issue as I did that for years. You know nothing about me, or really what the company is going through. My previous employer went through two bankruptcies and multiple mgmt changes and I had no issue.

    If over 70% of employees over the coarse of 6 months are now gone on their own volition, and the remaining 30% are doing everything in their power to find a way out... I don't think it is just me not up to the task.

    - - - Updated - - -

    - - - Updated - - -

    Thank you for your replies.

    Sincerely,

    -C
  • 01-19-2014, 01:26 AM
    Disagreeable
    Re: Do I Have Cause to Sue My Employer for Negligence And/or a Hostile Work Enviromen
    So why don't you call up the president of the company, tell him you think he should resign and appoint you in his place on the way out, so you can make it run your way.
  • 01-19-2014, 01:33 AM
    MimiLaroo
    Re: Do I Have Cause to Sue My Employer for Negligence And/or a Hostile Work Enviromen
    Hey Disagreeable, that is a superb idea. Middle aged, grumpy and thinks anyone younger than him doesn't understand an honest day's work. No?
  • 01-19-2014, 01:38 AM
    Disagreeable
    Re: Do I Have Cause to Sue My Employer for Negligence And/or a Hostile Work Enviromen
    I guess you could be that way. Never met you. You certainly have a problem dissociating yourself with work and understanding what your role there was. Move on man, find a company that appreciates you.
  • 01-19-2014, 01:41 AM
    MimiLaroo
    Re: Do I Have Cause to Sue My Employer for Negligence And/or a Hostile Work Enviromen
    I appreciate the feedback.
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