how forensic psychiatrists and psychologists can help during employee litigation
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http://www.fpamed.com/forensic-psychiatry/ | We delve into how and why forensic psychologists and forensic psychiatrists are vital tools to use during employee litigation.TRANSCRIPT
Employees and companies don’t
always see eye to eye which
can sometimes lead to litigation.
Whether you are standing in
front of a judge or jury you want
to have the upper hand.
In the next few pages we are
going to find out why having a
Forensic Psychiatrist and
Psychologist on your side could
help you win the case.
Employee litigation stems from unresolved employee concerns.
Both civil and criminal cases can occur from unresolved
employee complaints.
Here a few examples:
• Emotional distress
• Sexual harassment
• Discrimination
• Retaliation
• Wrongful termination
Litigation between employees and employers has
been steadily climbing over the past 20 years
according to the Department of Labor.
One reason may be that both state and federal
governments are expanding laws regarding
discrimination and employee treatment.
In the past it was hard to oppose your employer’s
behavior – today there are more avenues that an
employee can use to bring forth questionable
business practices.
psy·chi·a·try
si-kahy-uh-tree
1.
the practice or science of diagnosing
and treating mental disorders.
2.
Noun
the branch of medicine concerned with t
he diagnosis and treatment of mental dis
orders
In litigation, forensic physiatrists will
evaluate the employee’s mental
health, and assess the ramifications
that the findings present.
As an expert witness, forensic
psychiatrists use historical data in
addition to impartial personal
observations of the employee to give
the judge or jury an accurate
snapshot of the employee's state of
mind.
They are also trained to decipher
whether an employee is malingering
– faking mental or emotional
distress.
psy·chol·o·gy sahy-kol-uh-jee noun
1. the science of the mind or of mental states and
processes.
2. 2. the sum or characteristics of the mental states
and processes of a person or class of persons,
or of the mental states and processes involved in
a field of activity: the psychology of a soldier; the
psychology of politics.
Forensic psychologists rely on psychometric and neuropsychological testing of the employee to
uncover data or evidence.
Whether the case is civil or criminal these tests will usually be used to corroborate the information
found by a forensic psychiatrist.
If trained, forensic psychologists can execute neurocognitive and personality evaluations on the
employee and pass their information to the judge or jury.
To gain unbiased information regarding
an employee’s cognitive and emotional
health the plaintiff will undergo testing.
These tests can shed light on
emotional distress, emotional injury,
emotional disability, and possible
malingering.
Tests also take into consideration the
employees intellect, memory, attention,
psychiatric symptoms, and sensory-
motor skills.
As an expert witness, forensic psychiatrists
will submit opinions based on research and
evidence.
This information is based on: studying the
employee, pulling data from reputable
resources, and conducting psychometric tests.
All evidence is showcased in a just and
unbiased method.
When employees and employers
undergo litigation they can use
forensic psychiatrists and
psychologists to research the
claims.
They can use impartial
observations, emotional tests and
historical data to assist in the
proceedings.
These women and men use their
training and experiences to bring
the truth to the allegations.
Phone: 415-388-8040
Website:
http://www.fpamed.com/
fpamed provides board certified
forensic psychiatric and
psychological expertise for both
civil and criminal cases. They
have set out to demystify
mental issues in legal settings
with high quality evidence-
based data, opinions, and
testimony.