Legal Question in Personal Injury in California

Hostile work environment
I have been employed by a major hospital chain in northern california since 1998. I have worked primarily for one neuro-surgeon that has been so demanding, demeaning, arguementative and just plain hostile , that I am now on my second work-comp stress leave. This is NOT a work comp issue, rather; I am interested in pursuing action against the surgeon for creating an environmemt so bad, that I can no longer function in my area of training. I am (or was) nationally certified, an instructor in the Army, and part of the national credential commitee board that makes sure that surgical technician are being trained properly. Now I can no longer maintain a way to make a living, I don't want to ever touch another patient, and in short cannot make a living. I have lost almost all of my savings just to survive, and my marriage. This one man, and the hospitals unwillingness to act has to be liable somehow. Please contact me if you can help. Thank you!

Asked on 7/02/05, 4:55 pm

2 Answers from Attorneys

David Lupoff Law Offices of David B. Lupoff

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Re: Hostile work environment

You have mentioned in your question both that this is not a workers' comp issue and that you are suffering symptoms that are preventing you from working in your present capacity. First, if your work stressed you to the point where you are no longer able to function in your current capacity, you may have some permanent disability. This means that you may be entitled to some compensation from your employer. You really should retain counsel in order to sort this out for you as well as immediately protect your interest (I practice workers' comp as well as civil litigation).

In your question, you mentioned your physical and psyche symptoms, but you have not articulated exactly what your boss said or did to you on an ongoing basis. Having a good lawsuit against your employer (other than comp) usually requires some sort of public policy violation. E.g., If your boss sexually harassed you, if you have experienced discrimination because of your race, etc. Otherwise, fighting a battle without a public policy issue is quite expensive and uphill. Notwithstanding, some of these battles are still won or settled, depending on all the circumstances.

Should you have an interest in my representation, please do not hesitate to contact me at 818.943.0462.

Answered on 7/05/05, 6:28 pm

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