Suing for Emotional Distress: What to Know and How to Do It
Suing for emotional distress is a serious matter, but it is possible and could be the right option if you suffered substantially due to the actions of your employer. Here’s what you need to know:
What Constitutes Emotional Distress?
To win a lawsuit for emotional distress, the distress must be substantial, and must be tied back to an action. Common action include:
- Firing and other wrongful termination
- Harassment or bullying
- Discrimination or prejudice
- Intentional infliction of emotional distress
In most situations, you will need to prove that the action was so outrageous and hurtful that it would be considered beyond normal behavior, and would cause anyone to experience emotional distress.
Building a Case
You will need to provide evidence of your distress, like medical records, letters or reports from a therapist, or any other documents that could support your case. You may also need witnesses who can testify that they observed your distress, or the actions of your employer that caused such distress.
When to Sue: Time Limits for Court Action
It is important to remember that you cannot sue your employer indefinitely. Each state has a statute of limitations which limits the amount of time you have to pursue your claim. Make sure to research these time limits and file a claim before it is too late.