If somebody at work is causing you stress, anxiety or other emotional distress that interferes with your ability to do your job, call us at 888-762-0297 to discuss your case.
Your consultation will be confidential and free.
We represent clients in Los Angeles and throughout the state of California.
Can I Sue My Employer For Emotional Distress?
Where an employer or coworker assaults you, discriminates, retaliates, harasses, or abuses you, it may be possible to bring claims for emotional distress.
In claims where the emotional distress is intentionally caused by someone at work, you need to show that the behavior is so outrageous or extreme that it goes beyond the bounds of all decency, that they meant to cause emotional distress (or just doesn't care if it does), and this behavior ends up causing severe emotional distress.
In cases where emotional distress caused by an employer's or coworker's negligence, if there's no physical injury, you must show that the emotional distress experienced is serious. For negligence cases, serious refers to the kind of emotional distress that no "reasonable person" would be able to cope with. So, more than mere insults, indignities, or annoyances.
There are situations when an employee has the right to sue an employer or their coworkers for inflicting emotional distress in the workplace. An example might include being secretly (without your permission) filmed without clothes while changing in the employee locker room, later finding out that it's been posted on social media by your employer coworker.
To know if you have a legal claim for emotional abuse against a person who is causing your problems, you need to speak with an attorney.
Can I sue my employer for emotional distress?
Yes, it is possible to sue an employer for emotional distress. To sue an employer for emotional distress due to their negligence, in addition to showing you suffered emotional distress, you must also show that your employer didn't fulfill some obligation they had to you. One example could be where your boss hires someone that they know to be violent who poses a real risk of harming others, and you get attacked, or you see a coworker or customer get attacked.
You can also sue your employer for their intentional infliction of emotional distress. For example, where a supervisor makes a willful physical assault or sexually assaults an employee.
Even if the employer was not directly at fault or responsible for the distress caused to the employee, they still could be held liable for the infliction of emotional distress.