Can I sue a former employer for causing PTSD?

Asked over 1 year ago - Englewood, CO

I have been diagnosed with PTSD, caused by my treatment by a former employer. My former employer ceased paying us, but kept us working on the promise of payment. When we called a "work stoppage", he threatened to sue us because we were "harming his business". Since none of us had been paid in months, we were unable to answer the suit. This suit was also tacked onto another suit that his company had pending and was being held in a state to which none of us could afford to travel, which had no relation to where any of this occurred. We settled out of court, unfortunately, signing a document that said neither would sue the other over the intellectual property involved in future. The situation has left me unable to seek further employment. Do I have a case for my PTSD?

Attorney answers (5)

  1. Daniel Nelson Deasy

    Contributor Level 20

    4

    Lawyers agree

    Answered . You may. Sit down with an experienced personal injury attorney that has some experience working with employment law to more fully discuss your claims and possible remedies.

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship.... more
  2. Matthew C Simon

    Pro

    Contributor Level 18

    4

    Lawyers agree

    Answered . As my colleague said, you may. This appears to be a very complex and costly case. Do seek a personal injury attorney. Many offer free consultations. If you can find a PI attorney with employment law experience, that would ideal. Bring copies of all evidence, medical records, etc. Good luck.

    The above is general information only and is not legal advice. The information provided does not form an attorney-... more
  3. Christian K. Lassen II

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . Have a local lawyer review the facts and circumstances to evaluate a claim.

  4. Stephen Clark Harkess

    Contributor Level 20

    2

    Lawyers agree

    Answered . You will need to have an attorney review the facts of your case and the release you signed to determine whether you have any remaining claims to pursue.

    You also need to consider the reasons that you were not paid. Was the business in trouble? Does it have money? You are contemplating a complex and expensive lawsuit which, at best, is likely to result in a judgment against the company you used to work for. Once you have that, you will have to figure out how to collect the judgment. A judgment against a broke entity doesn't get you very much of value.

    You can reach Harkess & Salter LLC at (303) 531-5380 or info@Harkess-Salter.com. Stephen Harkess is an attorney... more
  5. Lars A. Lundeen

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Your posting is rather cryptic. Who works for months without getting paid? Did you file a complaint with the Department of Labor in your State? No, you cannot sue your employer for PTSD. You need to file a workers compensation claim and I suggest that you obtain a workers compensation attorney to assist you.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

    This ans. does not create an attorney/client relationship.

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