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Mentally Ill Employees’ Quest for Justice in Litigation: Procedural and Distributive

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Abstract

This research explores the issue of how employees with mental illnesses receive justice in litigation. It is a 10% random sample of cases litigated in 2005, 2010, and 2015. NVivo was used to auto code the almost 850,000 words that comprise these cases, considering variables such as psychological illnesses and treatment, changes in legal bases, and case outcomes over the years. Statistically significant differences in case outcome for employees was found when recent cases were compared with the earlier ones. The research develops and tests the concept of three types of justice: procedural internal, procedural external, and distributive. Using Kruskal Wallace, statistically significant differences were found in the justice types. However, these were not significantly related to case outcomes. Suggestions for future research are also provided.

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Correspondence to Helen LaVan.

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The author affirms that the research was conducted in compliance with all ethical standards. IRB review indicated that the research was archival in nature and exempt from a formal review. Addtionally, there are no conflict of interest to declare.

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This article does not contain any studies with human participants performed by any of the authors.

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LaVan, H. Mentally Ill Employees’ Quest for Justice in Litigation: Procedural and Distributive. Employ Respons Rights J 31, 29–46 (2019). https://doi.org/10.1007/s10672-018-9324-x

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  • DOI: https://doi.org/10.1007/s10672-018-9324-x

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