An employee may have a claim for intentional infliction of emotional distress when an employer’s actions are particularly extreme or outrageous and have caused an employee to suffer severe or extreme emotional distress. Intentional infliction of emotional distress is a common law tort claim that is often asserted in conjunction with statutory employment claims. To establish a claim for intentional infliction of emotional distress against an employer, an employee needs to show that (1) the employer’s conduct was extreme and outrageous with the intention of causing, or reckless disregard of the probability of causing, emotional distress; (2) the employee suffered severe or extreme emotional distress; and (3) the employee’s injuries were actually and proximately caused by the employer’s outrageous conduct. In order to be considered “extreme and outrageous” the conduct in question must be severe to a very substantial degree and go beyond the bounds of all common decency.

If an employee is unable to satisfy the elements of a claim for intentional infliction of emotional distress, but has still suffered from serious emotional distress as a result of an employer’s actions, they may have a claim for negligent infliction of emotional distress. In order to establish a claim for negligent infliction of emotional distress against an employer, an employee must establish that the employer was negligent, that the employee suffered serious emotional distress, and that the employer’s negligence was a substantial factor in causing the employee’s emotional distress.

If you believe your employer has caused you to suffer from serious emotion distress, Galante Law, Inc. is here to help.

Please click here for the links to other Labor and Employment claims.

Free initial consultation. No attorney’s fees if no recovery.

Galante Law, Inc. offers employees a free initial consultation on labor and employment matters. Galante Law, Inc. represents employees on a contingency fee basis and does not take any attorney’s fees unless and until a settlement award or judgment is received. If there is no recovery or settlement the client is liable for costs only. Please contact us online or by telephone at 213-785-1900 to arrange a free consultation.

DISCLAIMER: The information provided on this website is for information purposes only and does not constitute, nor is it intended to be, legal advice. Please contact an attorney for advice and assistance concerning your specific circumstances and situation. Galante Law, Inc. welcomes you to contact its attorney, who will be pleased to discuss whether Galante Law, Inc. can assist you. Please be advised that contacting Galante Law, Inc. does not create an attorney-client relationship, and you should not send any confidential information to Galante Law, Inc. unless and until an attorney-client relationship has been established.