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Can I sue for mental anguish? Note: my psychiatrist diagnosed me with being "passive suicidal"

Perth Amboy, NJ |

I recently miscarried a child. Seeing a psychiatrist/therapist because it was an unplanned pregnancy. Now my boss knew about the miscarriage and about my menatl instability. A week after my miscarriage, he [my boss] and I got into a heated arguement about my habitual lateness at work which I was unaware of due to my personal issue with the pregnancy. He claimed for 8 weeks I was arriving late to work so I asked him to prove it to me. As he opened up a file on his computer, I blurted out (in anger) that I apologize for my lateness but that its been a rough 13 weeks and that I just recently miscarried. He then indirectly called me a liar about the miscarriage. As I left the office I mumble "f*** you" for not having any compassion about my condition physically and mentally.

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Attorney answers 3

Posted

I am sorry for the loss you have had. Please take care of yourself and grow strong.

Unfortunately, for you to sue you have to 1) have suffered some damage, or 2) your boss has to have violated some right, and I am not certain that you can demonstrate either. From what you write, your boss and you were in an argument about your lateness (not actionable in itself), then, during the course of this argument, you tell him you had a miscarriage.

You were already under psychiatric care, so not damage there. You are (apparently) still working, so no damage there, and (quite frankly) you then used some hard language he overheard, so he might even have cause for terminating you.

I just don't see a cause of action. Still, I am not licensed in New Jersey, so a local labor attorney might give you a different answer. I suggest thinking it over and if you are still upset, go to an attorney and outline your facts.

I am licensed in New Mexico and Pennsylvania, and therefore any discussion of issues related to other states must considered within that context. In addition, my comments are not intended to create a legal representation but merely to respond to the limited facts presented by the question. Any opinion herein is not meant as a precise statement of legal rights or as a recommendation of any particular course of action. A more complete legal review can be obtained through local counsel.

Posted

I do not believe based on the information provided that you have the basis for a viable lawsuit.

No attorney-client relationship is created as a result of this submission. The information and answer provided is of a general advisory nature based on the limited information provided and should not be constured as formal legal advise.

Posted

There is something magical in the words f**k you that will pretty much guarantee you will be fired. How can you sue after that?

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