If you have started to dread the mere thought of stepping back into the office due to your employer causing you both stress and anxiety, then understandably it is likely you are going to want to do something about it.
So, can you sue your employer for causing both stress and anxiety in the workplace? After all, it will affect the performance of your job.
In this article we shall look at whether you can sue your employer, and what legal rights you have as an employee.
What Should You Do If Your Employee Causes You Stress At Work?
You may be wondering how you should go about resolving any issues with your employer if they cause you stress or anxiety at work.
The first thing you need to know is that there are two main ways in which you could approach this issue:
Either you can talk to your manager about it, or…
You can take action against your employer through the courts.
Let us start by looking at talking to your boss.
Talking To Your Boss About Stress And Anxiety At Work
Talking to your manager is always a good idea, especially if you think there is a chance that he/she might be able to help resolve the situation.
However, before you do so, you must remember that even though you may be experiencing stress and anxiety at work, you still need to follow the correct procedures within your company.
For example, if you were to complain directly to your manager without having followed the correct procedure, you would risk being disciplined or dismissed from your employment.
However, if you did follow the correct procedure, then your manager may be able to offer some advice on how to deal with the situation.
For instance, if your boss has been making comments about your workload, then perhaps you could try to reduce your hours, or ask him/her to give you more time off.
Alternatively, if your boss has made comments about your appearance, then perhaps you could ask him/her to make changes to his/her behavior.
Another way in which you could approach your boss is to discuss your concerns with them. In doing so, you could explain to them why you are feeling stressed and anxious at work, and ask them to suggest solutions to these problems.
Remember that although your boss may be able to provide some useful suggestions, ultimately, you are responsible for ensuring that your working conditions remain acceptable.
This means that you should only accept their suggestions if you believe that they are reasonable and practical.
Finally, if you do decide to speak to your manager, you should also keep in mind that you cannot use the conversation as a form of complaining about your job.
Instead, you should focus on discussing the reasons behind your stress and anxiety, and explaining how you intend to address the problem.
If you feel that your employer’s actions are causing you stress and anxiety, then you should consider taking action against them.
Suing Your Employer
As mentioned above, you can either talk to your manager about the matter, or you can take action against your employers through the courts.
In order to determine which option is best suited to you, you will need to consider several factors.
Firstly, you should assess the severity of the stress and anxiety that you are suffering.
If you have been experiencing severe stress and anxiety at work for an extended period of time, then you should definitely consider talking to your boss.
On the other hand, if you are just experiencing mild stress and anxiety, then it may not be necessary for you to take any action.
Secondly, you should assess whether your employer is liable for your stress and anxiety.
This will depend on whether your employer has failed to provide you with a safe workplace, or whether they have deliberately caused you stress and anxiety by failing to act in accordance with the law.
Thirdly, you should assess whether you have exhausted all possible avenues of resolving the issue.
If you have spoken to your manager, but this hasn’t helped, then you should probably contact a lawyer.
However, if you have already tried speaking to your manager, and he/she has suggested a solution, then you should probably pursue this before contacting a lawyer.
Finally, you should assess whether there is a realistic chance that you will succeed in winning compensation from your employer.
For example, if your employer has failed to ensure that you are provided with a safe working environment, then you may be entitled to receive compensation for the injuries that you have suffered.
However, if your employer has simply acted negligently, rather than deliberately, then you may not be successful in receiving compensation.
The same applies when considering whether you can sue your employer for stress and anxiety.
You will need to carefully evaluate the facts of the case, and make sure that you have exhausted all other options before deciding whether to take legal action.
Problems That May Arise From Suing An Employer
Before suing your employer, you must first consider whether you are likely to win. This is because you could end up losing money, even though you were legally justified in bringing the claim.
Furthermore, you should always remember that you cannot sue your employer for stress or anxiety unless you have exhausted all other available options.
Therefore, if you do decide to sue your employer, you must also consider whether you have done everything within your power to resolve the situation without resorting to court.
Although you may feel as though you have no choice but to sue your employer, it is important to remember that you don’t want to lose money unnecessarily.
Therefore, you should only bring a claim if you believe that you have a strong case.
If you do choose to sue your employer, then you should seek professional advice. A good lawyer will help you understand what steps you need to take, and how best to proceed.
Final Thoughts
In summary, you should try to avoid taking legal action against your employer if you can.
However, if you are unable to resolve the problem through other means, then you should seriously consider suing your employer.
Thanks for reading, we hope this information has helped you!
Hi, my name is Andrea Symth. A couple of years ago, I was stuck in a dead-end job where the workers were severely underappreciated and overworked. The office was old and falling apart around us, yet management didn’t seem to care.
Last summer there was a fire in the building.
That was what spurred my idea for Can I Sue, an online source to find out whether you have the grounds to sue or not, as well as helpful tips that you might need during the process.
