Employee Right - Emotional Distress

Intentional infliction of emotional distress, also known as "tort of outrage," is defined as follows:

One who by extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another is subject to liability for such emotional distress and for bodily harm resulting from the distress. The emotional distress they’re under must be so severe that no reasonable person could be expected to endure it. Any recovery must be reasonable and justified under the circumstances, liability ensuing only when the conduct is extreme. By extreme we refer to conduct outrageous in character and extreme in degree as to go beyond all possible bounds of decency, and to be regarded as atrocious and utterly intolerable in a civilized society.

An employee may file a complaint of undue distress as a result of the employer’s act/action, if it :

• Results in severe emotional distress
• Is extreme and outrageous conduct beyond the tolerable limit of the civilized society.
• Intentionally causes a reasonable person serious emotional trauma.

If employees have the right not to be fired except for just cause because of a contract and are fired, they can sue only for their lost wages and benefits. they cannot sue for emotional distress. If employees are fired for an illegal reason, such as racial harassment, they can sue the employer for emotional distress, in addition to lost wages, punitive damages, and attorney's fees.

However, the law does not protect against mere insult. The conduct or remark of the employer or any of the co-workers has to be so extreme and outrageous that it results in severe emotional distress.