Emotional Damages: The dos and don'ts of physical manifestations of anxiety in employment cases

Many folks don’t understand emotional damages in employment litigation. Here’s some of the important information you may want to consider regarding anxiety and other emotional issues in an employment case.
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This answer does not constitute legal advice and you should contact an attorney to confirm or research further any statements made in this answer. Any statements of fact or law I have made in this answer pertain solely to Federal law as construed within the EEOC or the laws of New York State and should not be relied upon in any way in any other jurisdiction.

[@foxhunting78]

I highly recommend a book titled Body keeps the score to educate yourself on the correlation between high stress levels and physical symptoms

[@Jewels-Xo]

I’m a nurse and was sexually assaulted 3 times by the same patient. 2 times after HR was made aware and ghosted me. My hours were cut after, and I was constructively terminated. Pray that no other nurses have to be subjected to sexual abuse on the job. No one ever speaks out about this.

[@raquelgato7211]

Praying you get justice!

[@Jewels-Xo]

@@raquelgato7211 you are so kind!! thank you sooo much!! In the legal process now! All the best to you! Xo

[@lisacranmer8005]

I need to find a attorney, for being mislead and abused under the church facade..

[@jimmycosey1675]

Sorry that u went through that ❤

[@lisacranmer8005]

@@jimmycosey1675 they are liers all over the place, but in a church it's disgusting, not going anywhere near anyone, chronic neck and back pains and 2 lie detector tests proved who are the wicked, better alone than with bad company, what happens in the dark will come out to the light...cover up abuse is disgusting, cops are aware of all the abuse, doctor letters were given for them to leave me alone, so they lied to the cops, I'm MENTAL, lol, ok, after I got attacked by another person inside for doing zero and they were the gossiping people, we know all this, shut up or else, lol, really! The monster we have hiding in the church facade and the victim is silenced and bullied, no more lie detector tests, well, disability likes the lie detector tests, since I have pains that were inflicted on me, lol .pains radiating constant add the fear of being assaulted in pains .... that's not mental that's being a warrior in pains ...any person who has pains radiating constant all over and 2 back surgeries, disk degenative issues, herniated discs, knows I don't need to be accused of wanting to steal anyone from the wife .. 😂

[@jsegura525]

It's a catch 22.... how can someone seek counseling/therapy and/or a Doctor if their insurance is gone because they were terminated?

[@realdealastrology9]

If you’re in California like me, you can get medicaid in a jiffy.

[@vaitulialauifi8396]

Thank you

[@Queen._sam_]

Good 👍 informative videos, thank you.

[@WillowandPup]

I appreciate a legal view of this I feel actually proud that I survived and though I could not get help due to theft of my time money and esteem I think I may get my life back and at least some underemployment due to proof of pay during a time they did not pay it and are now being investigated by wage and hour dept. I am hopefully going to get a better job soon and recover some form of normalcy and stability. Poor treatment really can wreck you. Tireless effort and integrity will hopefully punch through to new horizons more deserving of our abilities and perhaps correct some injustices in the future. Thanks for the video it makes me feel not so alone.

[@marlanabeasley1790]

Very great video thank you

[@123NopeNotMe]

Another question (bc my mind is always turning 🙄) is, if your judgement called for a make whole relief which included reinstatement with a no contact order /clause.. How does that work if the person will still be in charge of your day to day and performance evaluations? Even if they go through a neutral party, the offender will still be the one dictating your day to day?? 🤔 🤔 That in itself manifests a hostile work environment in my opinion and increased and exacerbated anxiety, paranoia, and ptsd from the original unlawful retaliation and termination 😔 😢

[@MeepBeep-ew8ym]

expanding on this question, can a court order a business to draft a 1 year contract and essentially force them to hire the employee back without the "At Will" provision as a consequence of them acting discriminatory? Essentially having a judge punish the employer for their actions by removing their right to fire at will, and instead force an agreement against their will that requires a 1 year employment period unless there is a reason for cause? What can a judge legally force upon an employer?

[@123NopeNotMe]

@@MeepBeep-ew8ym from my experience as federal discriminated employee in an At Will state, if you've engaged in protected activity (and especially have been found to have been discriminated against for said activity) you are considered to be in a "protected" category. If you perceive your employer's actions as discriminatory because of your protected activity or retaliatory then you can file another claim and they will have to prove that their actions had nothing to do with your protected activity. From my understanding that's why jobs do not want to reinstate because you are essentially a walking liability to them.. 👀 👀 I got reinstated with a no contact order 😏😏I haven't gone back yet bc my judgement is new, but I'm TERRIFIED 😰

[@Lions_D3N]

How long did it take the eeoc to investigate your claims with it being during Covid? I feel like my investigator is moving at a good pace.. I filed in the summer, mediation a month later, then within another month I was hearing about the position statement so that’s where I’m at, what was the next step they took after your position statement?

[@Lions_D3N]

@@123NopeNotMe…

[@123NopeNotMe]

@@Lions_D3N I actually initiated July 2019, formal filed (after failed mediation) October 2019 with Hearing December 2022 Bench Decision (Judge makes thier decision, no jury) a week or so afterwards.

[@Medietos]

What when those professional helpers won't help, support or even treat me out of fear for their own skin Sir? my talking about it" made them accuse me of blaming others...It is not just high blood pressure that k9ills in aneyrysms, biút weakening of vessels, stressed heart, Liver/ Gallbl, gut etc-dysfunction, adrenal burnout, energy deficiency and lack of- production. What when doctors withhold proper examinations and proper evaluations, abuse and deceive and act as thoigh symptoms of severe stress is some kind of deliberate, optional and voluntary evil?

[@DaPREZEDENT]

Lol pulled a hami on yur case 😂 lol yeah people that experience anxiety are going through an absolute terrible feeling I get it all the time at work palms sweating hart beat so hard yu can see it threw yur shirt dizzy shortness of breath headaches and even having to go poop it almost feels like the reality that you’re in at the moment isn’t even real

[@DAISHABOLEN]

Hello Mr.White i have a question pertaining to pregnancy discrimination. I have mediation in 5 days with EEOC , I dont have representation and I'm a bit unprepared. what should my settlement price be going into mediation? Background: I went into Family Dollar and inquired about a job application i submitted online and the manager looked me right in the face and told me i was not ready to work. I am not familiar with much of anything having to do with law but i know my rights , i asked the manager if i may record the remainder of the conversation, because i knew where it was headed and he was very cocky about it and told me go ahead . He then proceeded to tell me i was not ready for work and asked how far along pregnant I was. once i told him he made more comments referring to me not being able to work and then finally stated he didnt have anywork for 5 month pregnant women. He had employees and customers laughing at my expense and i have it all on audio video recording. Help me please.

[@JobAttorney]

Video response goes live tomorrow

[@jequanhatch8448]

If I had prior conditions before the issue happened and I stated that it heightened the symptoms can I use that or should I seek my doctor opinion before I answer interrogatories questions concerning my case?

[@Gokywildcats11]

What damages can be calculated in a wrongful termination retaliation discrimination

[@JobAttorney]

Check out our damages calculation playlist

[@123NopeNotMe]

Yes this is a good one especially if you already know that these things within a settlement or a judgement has to be spelled out specifically (frm my understanding) but I wanna know if it just says compensatory damages and not emotional distress specifically, is there a list for what the IRS considers physical due to the emotional? Could that explanation come from a doctors note if it's not spelled out in the judgement.. I.e. If you have a number for pecuniary cost and compensatory damages but not the physical manifesting of what the judge determines your distress is worth.. 😔😔I hope I'm asking that clearly.. Taxes could be a huge factor and why you should consider such with negotiations.. It sucks to fight so hard and be awarded only for Uncle SamBoe to say "thank you, we'll take that" 🙄😔

[@JobAttorney]

I can't give you tax advice. I can tell you that accountants who deal with these settlements routinely ask us to put as much of a settlement as we can on a 1099, which generally means characterizing as much of it emotional damages as possible. But the flip side of that coin is that the IRS actively hunts for these settlements to check how they were handled so they can audit folks.

[@123NopeNotMe]

@@JobAttorney right and that's my understanding.. I just need someone to tell me where to find more information about the characterization of the emotional damages manifesting as physical symptoms because thats the only part of the emotional damages that can be tax free oppose to a straight physical injury case. The dang tax code is broad and doesn't give specific on what is needed to prove it outside of how the settlement or judgement is "worded" FYI I throughly understand that this is not tax advice in any shape form or fashion. I'm sincerely thankful for the response alone. Thank you for your time 🙏🏾 🙏🏾

[@asklipstickalley8721]

@@123NopeNotMe its how the claim was originally put forth. Physical injury claims leading to emotional distress (i.e., amputation and resulting depression) are all tax-exempt. Emotional distress leading to physical sickness (i.e., gastrointestinal issues) are still taxable and will be issued in 1099.

[@Adehead]

What if you lost insurance and can not afford paying out of pocket.

[@DollysParadise]

If you have a known disability harassment and a hostile environment can cause serious injuries. And sometimes you don’t know what the job is doing.

[@michelledb5530]

Wat do you mean by disability harrasment

[@DollysParadise]

@@michelledb5530 if you have a known disability, harassment and a hostile environment… It’s a typo without a comma.

[@TeW33zy]

How does someone see all these doctors and they got terminated and currently have 0 health insurance and no income how are they paying for these appointments and professional doctors

[@TrulyNaturalMom]

You make excellent points.

[@WorldSuperMoms]

Hi. Should the video title spelling be dos and don'ts or do's and don'ts? I think youtube auto corrected this video title. 😊 maybe not. Unless does is to reference a female deer? Respectfully.

[@JobAttorney]

Thank you, great catch

[@123NopeNotMe]

Food for thought ppl, remember to think about taxes and know that Uncle Sam gnna come for his money on that 1099...Keep in mind that it's only tax free if it's a PHYSICAL injury.. Emotional distress is taxable income (depression, anxiety, insomnia, etc).. But search tax case law on it and see how they look at it and how you would want to initiate your claim or frame your settlement wording... This is just frm my research and I'm not an attorney or anything of the sort just a individual attempting to keep as much of her winnings and wages as possible from fighting this longggg fight and beating the odds 😁😁

[@Lions_D3N]

So if I was hit in my nuts multiple times that would be tax free?

[@123NopeNotMe]

@@Lions_D3N something tells me you would have bigger problems to worry about. But I can't really answer that question outside of saying that it has to be PHYSICAL injury so think car accident.. Something physical and the wording and how the claim was filed and all that will be looked at. Now I would believe that if your nut fell OFF, that would almost certainly be seeing as physical and could be a tax free situation!! 😂 😂 😂 😂 😂

[@starholedesigns]

Can I claim emotional distress without professional treatment?

[@Medietos]

Emotional damage affects physical and social health as well, is this not well-known? Kränkung in german means tha abuse makes ill...

[@Itsmelaura22]

So.. I just got removed of having the dx of ptsd... but thats why I am able to put this report in too...

[@ash.scorps]

I started therapy in the beginning of starting my job as well as psychchiatry. Over a year of therapy and new diagnoses like one being panic disorder. Is my therapy history enough evidence? I was forced to quit 1.5 years into the job.

[@stephenprice6792]

Try being a cisgender, heterosexual, Alpha/Sigma African American male in the USA, Vince, and see if that causes you to be “Super Stressed”! I do, however appreciate your videos, as those of us that are Pro Se, need all of the help we can get. Unfortunately, many of these employment attorneys don’t follow the oath of the job that they are supposed to honor and will use their standing to their advantage and not the client. I wonder how many back room deals get done in this profession that involve someone trying to advance their career?

[@JobAttorney]

If there's any question that I think systemic racism can cause people of color extensive anxiety and stress, let me be clear, I absolutely do believe that with every fiber of my being.

[@stephenprice6792]

I appreciate your understanding, Vince, the trauma is very real. You will be blessed for the valuable info that you provide.

[@sachsunil]

Thank you Vince for your videos My family & I are going through emotional distress due to my workplace discrimination case

[@stephenprice6792]

@courtforshort1416 how did you make out? I have an ADA claim currently in Federal Court. I suffered both mental and physical damage.

[@Champfrompain]

Can you sue for emotional damages without being fired?

[@JobAttorney]

Yes

[@mariedominiquejustama8283]

Can you sued if they calling you anxious depressed

[@meshaydenise]

What if you can afford a doctor

[@meshaydenise]

Cant

[@carlie471]

Does the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) apply to lawsuits filed after March 5, 2022, when the plaintiff signed an arbitration agreement in 2018? Just to give background, the sexual harassment happened in 2019. The retaliation for reporting the harassment began in 2019. The last act of retaliation took place in 2020 and was wrongful termination, while on approved medical leave, to get treatment for mental health issues arising from the harassment and retaliation. This lawsuit would be filed in New York under NYCHRL and NYSHRL law

[@123NopeNotMe]

If you've already had a decision and awarded but your conditions in which you were awarded gets worse, how do you go about reimbursement (if any) and how or if what you were awarded for starts to have physical manifestations.. How do you claim that after the fact?

[@stevenwebbjrhistory]

Lol

[@rm61368]

Question: some attorneys want me to contact Human Relations Comm or EEOC first before they send a demand letter. Which ones do I listen to?

[@DollysParadise]

Vincent, is it ok to harass someone with high blood pressure?

[@belinhell]

This is a great video Vince. Why don’t you do more of these where you spend more time explaining….sorry I don’t mean to sound rude or critical

[@JobAttorney]

No worries, I do what I can.

[@sonyastefanova5785]

Wait wait a minute. First of all, stress can provoke chronic diseases that you haven't complained about in the last 2 years for example. So it's very debatable what exactly can and cannot be proven. I have not had a problem with eczema for the last 10-15 years and now because of the stress at work I have a problem. Of course, the subsequent complaints are not only that, but sleep problems, visible weight loss, migraines, etc. Something I haven't complained about in the last 10 years. This is not subjective, but provable.

[@JobAttorney]

Sure, you'll need to get your doctor to testify as to the cause of the symptoms you are experiencing. These are physical manifestations of stress that you are listing. Then the Defendant will have other doctors testify that you and your doctor are wrong. Ultimately a Judge, arbitrator, or a jury will decide who they believe.

[@123NopeNotMe]

Yet another question, if you recieved a bench decision judgement and within the decision the judge made mention that from your credible testimony that it was found that the RMO disparaged another employee and discriminated against them... Could that person use what the judge said in that decision within thier current and active EEO claim against that same RMO?

[@asklipstickalley8721]

Yes, especially if it was final order and the judge mentioned the other employee by name in their decision. The other employee (or their attorney) would need to quickly make a FOIA for that case file so it can be properly admitted into evidence for her case.

[@123NopeNotMe]

@@asklipstickalley8721 perfect.. That person was a witness in this case as well and it does indeed say that in the final order.. They just started the process of filing a formal complaint after years of the discrimination but just recently with thier participation in this hearing the RMO was asking them about them witnessing in the hearing. The person is still an employee there for that same RMO and was witnessing AGAINST the RMO so she didn't want to let them know that.. I see that as intimidation due to protected activity personally 🙄🤷🏾‍♀️

[@BachelorCigarTalks]

Vince: we've all been stressed... Me: I don't think you'd ever be stressed or mad in your life 😂

[@Momiji540]

“50!” 😂