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PTSD after SH & Violence in Workplace California

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  • PTSD after SH & Violence in Workplace California

    Hello Everyone,

    I am new to this forum.

    I reside in California. I was diagnosed recently with PTSD due to a situation at work which was Sexual Harrassment and threats. I called the police filed a report and also sought a restraining order. I work in a healthcare setting, the security gaurd was fired that week. I am currently on medication antidepressants and anti anxiety meds. Not long ago I opened up to my manager and told her I have PTSD. However, my absences and tardies due to my condition are being held against me to the point where I am at a step 2.

    I decided at the time not to go the worker's comp route. I am on SDI.

    Can I be disciplined of fired because I am suffering this condition. I just passed one year on the 25th. So up until just a few days ago I did not qualify for FMLA.

    I just think it is a little unfair. I tried to research online but could not come up with much.

    Thank you,
    Junior Member
    Last edited by sunshine2444; 04-29-2012, 01:19 AM.

  • #2
    Disciplined for Time Off due to work related incident California

    I work for a hospital in california. Recently diagnosed with PTSD due to workplace violence and sexual harrassment. My manager and HR are aware of this. I have file police report and obtained a restraining order. The individual was fired. I am being disciplined everytime I call out. I am currently on meds and the doctors say the anxiety may get worse in the first month or so before I feel better. Today I got ready for work tried to be positive and about 45 minutes into my shift had anxiety. Took a pill and it didnt work. Called my boss at home and told her what was going on, she brought up the fact that herself and HR would like to meet with me on Monday to discuss my time off and that I currently stand at a step 2. I decided not to go workers comp. Because a couple months before this incident there was a chemical spill. My coworkers and I were transported via ambulance to a hospital (I work in a clinic). The next two days were my normal day off so I didn't ask for a time off note. When I was discharged that day I returned to work to turn in my note. One of the on call managers told me to set up an appt for Employee Health which I did for that week Wednesday. When I went to the appointment I told them I was having headaches. Note my other two workers were also sharing the same symptoms after the fact. The dr said that she would release me and if I called out it would be on my own time, meaning unscheduled and a mark on my record. I had another insurance with an HMO at the time and went to my PCP she wrote me a note, offered me pain meds but I didnt want to be all drugged up so I declined the Vicodin. But even after presenting a note from a DR. they still decided to count it against me. One of the reasons why I didnt want to go WC route. I feel like I am not getting support anywhere. I understand as a business and company they have rules. But its not like I have cancer or some other disease or disorder. What I have directly stems from work. Which was serious enough for me to get a restraining order and for them to fire him. Also just last week they told me something about ADA/FEHA but didnt say it was job protected and said I had 15 days to turn in the paperwork. But no where on the intranet does it describe this type of leave.

    Please help. I am stressing out even more. I am a single mom. I am not trying to lose my job. I am doing everything I can to get better. I have also utilized the companies Employee assistance program for counseling, since no counselors seem to be calling me back from my health insurance..

    I just passed 1 yr of employment on 4/25 so up until than could not qualify for FMLA


    • #3
      Sushine - please do not post in more than one forum. It's Sunday, people will answer when they can.
      I am not an attorney, and don't play one on TV. Any information given is a description only and should be verified by your attorney.


      • #4
        I will combine OP's other thread with this one.
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.


        • #5
          Since you've now been there for a year, it's time for you to apply for intermittent FMLA. Once receivng the FMLA certification paperwork, you will have 15 days to have it completed and returned to your employer.

          Yes, they can hold your prior absences against you under their attendance policy since you didn't then qualify for FMLA leave. If your anti-anxiety medications aren't working, you should see your physician to discuss a change in your medication. You might also ask for a referral to a psychiatrist as they are the genuine experts in prescribing medications for conditions such as yours. General/family physicians just don't have the level of expertise you may need to get you on the right medications - only psychiatrists do.


          • #6
            Personally, I think it was a big mistake to not file for worker's comp.
            I am not an attorney, and don't play one on TV. Any information given is a description only and should be verified by your attorney.


            • #7
              You may be right but the difficulty with that (that perhaps the OP is aware of) is that all her therapeutic records would be accessible by the employer. Customary medical confidentiality is waived in a WC situation. The OP may have things to discuss in therapy that she would prefer to keep confidential and not have the employer and their WC carrier to have access to. She may have some past trauma that is highly personal that made her more prone to PTSD and anxiety caused by the work situation.


              • #8
                OP, have you retained counsel to represent your interests in connection with the potential sexual harassment claim? Have you contacted the state FEPA concerning your potential claim? If you have not, you probably want to consult with local counsel ASAP.


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