Can You Sue for Emotional Distress at Work?

The workplace should be a safe environment where employees feel respected and valued. Unfortunately, this is not always the case. For some, work can become a source of severe emotional distress due to mistreatment, harassment or unsafe conditions. If you find yourself overwhelmed by stress, anxiety or anguish because of your employer’s actions, it’s crucial to understand your legal rights, including whether you can pursue legal action for emotional distress. The Law Office of Mitchell A. Kline helps individuals understand emotional distress claims and their relevance to employment law matters.

Understanding Emotional Distress Claims in the Workplace

Under employment law, emotional distress refers to the emotional distress or suffering resulting from another person’s behavior, including an employer. Employees may experience emotional distress in the workplace due to harassment, discrimination, retaliation or an employer’s failure to address toxic or hostile conditions. However, emotional distress claims do not inherently stand alone. They are often considered potential damages in the context of a primary legal claim, such as sexual harassment, discrimination or wrongful termination.

Legal Framework Surrounding Emotional Distress Claims

To bring forward an emotional distress claim in an employment discrimination lawsuit, employees must prove that their employer acted negligently or intentionally in causing harm. This can fall under two categories:

1. Intentional Infliction of Emotional Distress (IIED): This occurs when an employer’s conduct is extreme and outrageous to the point of causing severe emotional harm. For example, repeated sexual harassment or public humiliation could fall under this category.
2. Negligent Infliction of Emotional Distress (NIED): This involves an employer failing to meet a reasonable duty of care, leading to emotional harm. For instance, ignoring reports of unsafe working conditions might constitute negligence.

It’s important to note that the threshold for proving these claims is high. The behavior must go beyond ordinary workplace stressors.

Necessary Evidence to Prove a Claim

Filing an emotional distress claim requires strong evidence. Here are some examples of what courts may look for:

• Documentation: Keep detailed records of incidents that caused emotional distress, including dates, descriptions and any communications with your employer.
• Medical Records: Evidence of physical symptoms caused by emotional distress, such as headaches, insomnia or anxiety. Reports from mental health professionals can further substantiate your claim.
• Witness Statements: If colleagues witnessed the behavior, their testimony could strengthen your case.
• Employer Actions: Document any complaints you made to Human Resources and how the company responded.

The clearer the evidence, the stronger your case will be when it comes time to prove emotional harm.

When to Seek Legal Assistance

Not every workplace issue warrants litigation. Emotional distress claims are most appropriate in situations involving workplace discrimination, harassment or retaliation. For example, if you’re experiencing mental anguish due to ongoing sexual harassment or discriminatory practices, this may form the foundation of a legal claim.

If you’re unsure, a consultation with a qualified employment attorney can provide clarity. They’ll evaluate your situation, protect your rights and guide you toward the best possible path forward.

Contact the Law Office of Mitchell A. Kline

At the Law Office of Mitchell A. Kline, we understand how emotionally taxing a hostile work environment can be. With over 30 years of experience in employment law, we are dedicated to standing up for your rights and helping you seek justice. If you believe your workplace has crossed the line, don’t suffer in silence. Contact us today for a consultation.