Expert: John Fuller - 7/6/2010

Question
I was wrongfully terminated in March of this year. I am receiving unemployment. Everytime I think of having to get a job, or get an interview, I have panick attacks. Serious chest pains, I never had until my employer harassed me. I guess there is nothing I can do since I'm not employed I can't get Worker's Comp.? I have filed with the Civil Right Commission here in my state. Just waiting to see what they will do so I can progress to the next stage. Is there anything I can file for for the anxiety attacks. This has been going on since I started getting harassed and after I got fired.

Answer
Hi Sharron,

What you will have to do is to document your condition.  This will help establish the when and why of the panic attacks going forward.  You have done the right thing in filing a complaint with the Civil Rights Commission for now but that typically takes quite a while to process.  You may be asked to mediate the dispute as well in which you will most likely be given options.  However, do not count on your employer providing you any unless you have a strong case.  If your panic attacks started to occur during your employment based upon being harassed, you may have some cause for workers compensation but only if you can "prove" this was actually the case.  Going to a medical professional such as your primary physician, psychologist, etc., can help document this along with anyone at your previous employer who can help document the harassment or panic attacks.  Every state is different when it comes to waiting periods but the federal law gives you the protection.  Did you tell your employer about the panic/anxiety attacks while working there?  That may be a crucial question.   

I am not sure if you have done so but I would also file a complaint with the regional EEOC.  When you do that, they may defer to the Civil Rights Commission, but this will give you an opportunity for later.  What happens is that after the Civil Rights Commission's investigation, they will let you know one way or another.  If they find that there is not enough evidence, they will send this back to the EEOC who will then give you a "Right to Sue" letter.  You can take this to Federal Court and file a civil suit against your former employer.  Right now, I would go forward with the Civil Rights Commission complaint and then exercise your option after that if necessary.  You may want to make an initial inquiry with an employment law attorney.  Many will give you a free consultation for these types of cases.  If you have any additional questions as your complaint is moving forward, please do not hesitate to ask.  

John