Legal Question in Employment Law in Indiana

Would I be better off filing for harassment or workers comp?

I was unofficially written up for 2 issues which were not warranted. I was blind-sided. In August of this year I was formally written up for 2 additional issues; again I was not aware there was any problem before the Performance Improvement Plan was written and submitted to HR. I complained to my Manager's boss who was not aware of this, including the fact that I was working 10-12 hour days without taking lunch in order to get the work done; my position is salaried. (I'm an RN for 25+ years). As soon as I mentioned the words ''bordering on harrassment'' I was sent to HR. My boss was written up for harassing me. On Nov. 11, I was lead to believe that my boss and I were meeting to re-evaluate my ''improved performance.'' Instead, she extended the PIP for another 60 days and had added 6-7 additional issues to this extension. I went to the psychiatrist and therapist I had contacted back in Aug. through the EAP.They both felt that I was suffering from major depression and anxiety related to work situations. I was started on medications. I was placed on a FMLA med. leave of absence. The next day I saw my medical doctor for weight loss,insomnia, migraines, reflux disease and heartbeat irregularities. Now on short term disabil. Can't go back.


Asked on 12/07/04, 12:01 pm

1 Answer from Attorneys

Kenneth Lauter Kenneth E. Lauter, PC

Re: Would I be better off filing for harassment or workers comp?

You may be able to do both. I would need to know more about your injuries to determine if the potential for damages is greater under harassment laws or workers compensation. Also, you need to give some more thought about your ability to return to work following your FMLA leave. If you leave your job under circumstances that do not rise to the level of a "constructive discharge," you may lose the right to pursue lost pay and benefits. If you would like more information about how best to preserve your rights, please contact me at 317-955-9500.

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Answered on 12/08/04, 8:07 am


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