
Complex state and local laws in the Tar Heel State can give employers the blues. Aggressive attorneys don’t stop with federal laws like FMLA, ADA and FLSA: they use state and local living-wage statutes, rural codes, plus discrimination and other laws to sue employers for sky’s-the-limit damages. This North Carolina-specific newsletter arrives monthly to help sue-proof every aspect of HR. Written in plain English, it’s your insurance policy for staying in step with current interpretations of state and local laws – and staying out of court. Learn more about HR Specialist: North Carolina Employment Law and the free report you’ll get when you subscribe...
In today’s competitive and troubled economy, employers may have to demand more of employees. But that can take a psychological toll on employees who don’t handle stress well.
Employers need to be aware that additional burdens heaped on employees may actually trigger new disabilities that in turn have to be accommodated.
Recent case: Amelia Ravan claimed that her supervisors at Forest Pharmaceuticals wanted to get rid of her and that she worked in what was essentially a hostile environment. When she couldn’t take the stress anymore, she was diagnosed with anxiety and depression and took FMLA leave. When she couldn’t return, she lost her job.
Ravan sued under the ADA, claiming that her employer had triggered a disability and therefore should have accommodated her.
The court hearing pretrial motions said Ravan’s lawsuit could go forward. (Ravan v. Forest Pharmaceuticals, No. 3:09-CV-008, WD NC, 2009)
|
said this on 11 Nov 2009 9:55:48 AM EDT
This article fails to mention is the rest of the complaint, and is essentially a very small "snip-it" of a much larger complaint of (10) unlawful actions by Forest Pharmaceuticals and Forest Employees and does not serve all those that are concerned about unlawful actions.
The article suggests: "Employers need to be aware that additional burdens heaped on employees may actually trigger new disabilities that in turn have to be accommodated." This article is about “Additional burdens”, really? Ms. Ravan is a victim of Sexual Harassment and Battery and when she asked her manager to have her two male partners to stop their unlawful actions, Forest Pharmaceuticals took NO action and her manager started a year long act of calculated, brutal and unlawful Retaliation. The violations that Ms Ravan had to endure to keep her job are comparable to a violent rape, hardly an "additional burden". This case goes well beyond a case of "stress" and "additional burdens" that employees have to endure in "this economy". Employers and employees everywhere should take a lesson from this case to take sexual harassment and battery very seriously and not place it in the hands of a manager that chooses to retaliate. There is a total of Ten violations in this complaint, inquires can be directed to Ms Ravan's attorneys who are preparing for trial. |
|
said this on 09 Feb 2010 2:28:32 PM EDT
Isn't it odd that Ms. Ravan comments as 3rd person. Suits such as this make me sick especially when they are true but more sickening when one uses the law inappropriately. I am sure if we saw it as it happened it could be construed in different ways. While I do not know her nor Forest I do think that this shows how employers and employees can come into conflict. Unfortunately too often these type of claims are a way to shakedown a party. Hopefully the evidence will bear out who is right and who is wrong but sadly it will probably be settled and and swept under rug. Makes me glad I do not live in the US.
|
|
said this on 11 Mar 2010 11:05:26 AM EDT
I can feel the same, but also in Europe there is still to little power given to the lawyers. Also in the Ravan case.
Also in cases of psychological abuse of children in divorces etc. there should be given more power to the lawyers who (if they are honest) mostly can see and feel very good who's client is lying and who's not. It would be good that there will be an organisation who takes care of all the cases where children get sick and overstressed by to long talking and not acting by lawyers etc. "Say what you Do, and Do what you say"my father always said. |
|
|