Can I Sue a Job for Emotional Distress?
Employees may have a legal cause of action against their employer for emotional distress if it is provoked by one or more of the following:
- Harassment based on religion, race, gender, or some other form of discrimination.
- Being subjected to unfair and potentially illegal practices in the workplace, such as wrongful termination or failure to pay a required minimum wage.
- Ongoing and intentional infliction of emotional distress by a supervisor or a colleague.
What Can a Worker Do?
If your emotional distress is the result of any of the above situations, you may have a legal cause of action against your employer. To explore your options, you should consider seeking out an experienced labor and employment law attorney who is familiar with your state’s laws and regulations.
Can I Sue for Negligent Infliction of Emotional Distress?
Yes. Some situations may be deemed extreme enough to warrant a suit for negligent infliction of emotional distress. Such suits take into consideration the intent of the offending party and the level of harm caused by their actions. Examples of situation where this claim may be applicable include death of a family member, a work environment with extreme levels of anxiety or other mental harm, and seeing a violent event at work.
What Kinds of Damages Are Available in an Emotional Distress Claim?
Typically, emotional distress claims involve damages such as medical expenses, lost wages, pain and suffering, or a reduction in the employee’s earning capacity. Additionally, in some cases, punitive damages may be awarded to the employee by a court. It is important to note that even if the employee is successful in bringing a claim, they may not always receive the full amount they were seeking in damages.
Conclusion
Employees who have experienced emotional distress due to mistreatment in the workplace may have a legal cause of action against their employer. It is important to consult with an experienced labor and employment law attorney to discuss what your options may be and assess the likelihood of success for a suit. In some cases, financial compensation for damages may be available to employees.