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I am extremely frustrated, upset. I have suffered from panic attacks and severe anxiety. Can i sue for emotional distress?
Anonymous4 views6 answers
I have been treated un professionally by my current employer when my paycheck failed to arrive at my home. I tried to contact my payroll department to find out what happened and they only would say it must've got lost in the mail. I can understand that, so I asked them to help me in anyway they can because I have bills to pay and need that paycheck, since I live paycheck to paycheck. They were not understanding, nor did they show any concern whatsoever, and did not offer any help. After over a week and still no paycheck I was finally offered some help, with cutting a new check, which then was taken back and some one from payroll threatened me and said that unless I enroll in direct deposit, I would not receive any check. By ny law, that is illegal and caused me to worry and stress I would never be paid. Finally I was cut a new check a day later and had it delivered to me. Now I am worried about my future checks, and I was bullied into enrolling into direct deposit. I tried to voice my frustrations and stress to my supervisors and human resources dept, but to no avail. In essence I was told you got your money in the end so whats the problem.
Paul F. OliveriPersonal Injury LawyerNew York, NYNY licensed ·
New York does not permit (with rare exceptions) a direct lawsuit against your employer. Basically, in New York, your sole and exclusive remedy for a on-the-job injury is workers' compensation. If you have provable emotional trauma, with medical documentation because you have sought medical treatment, then it might pose a interesting situation that would be considered by a workers' compensation lawyer. Good luck.
You could only go after them if you could prove that they intentionally withheld the money from you. From what you have described, that does not seem likely.
Lars A. LundeenPersonal Injury LawyerRutland, VT ·
If this happened to one check one time, I would suggest you let it pass and move on. Life is too short. If this issue persists, which I doubt, since you now have direct deposit, call the Labor Department and file a complaint.
