Can You Sue Your Employer For Emotional Distress?

If you are wondering, “Can I sue my employer for emotional distress?” The answer depends on several things. Emotional distress claims against an employer are not always straightforward and can require solid knowledge of the law surrounding workplace rights.

Employers are held to legal standards but proving that your emotional distress is directly related to their actions often necessitates more than just a personal grievance.

Understanding Emotional Distress

Emotional distress arises from situations where a person suffers mental or emotional suffering due to an action or omission by another party. In the workplace, this could be the result of various forms of behavior, such as severe harassment, discrimination, or retaliation.

However, unlike physical injury claims, emotional distress is more difficult to establish.

For example, if you are facing racial discrimination, workplace bullying, or retaliation for whistleblowing, and you can show that these actions have resulted in severe emotional or mental harm, you may have grounds for a lawsuit.

Grounds for an Emotional Distress Lawsuit

There are several scenarios under which a claim for emotional distress against an employer may be applicable. One common case arises when an employee faces persistent harassment, such as hostile behavior, verbal abuse, or offensive jokes in the workplace.

If the conduct was severe enough to affect your mental health, it might meet the necessary criteria for emotional distress. For instance, if the workplace environment or management style leads to heightened anxiety, depression, or panic attacks, these can serve as supporting evidence.

Can I Sue for Emotional Distress in Discrimination Cases?

Discrimination, including age, gender, sexual orientation, or disability, is another case where emotional distress often results. If an employee has been subjected to unfair treatment or has faced a toxic environment due to discrimination, and this treatment leads to emotional harm, they may have the legal right to take action against their employer.

On much the same lines, retaliation claims – where you suffer adverse employment actions for reporting unethical behavior – could also lead to emotional distress. For employees in such scenarios, finding a reliable, experienced law firm to represent them and work through the complexities of these claims is necessary.

Defamation and Emotional Distress

At times, the nature of defamation within the workplace can lead to emotional distress. If your reputation or character has been falsely attacked or publicly tarnished by your employer, it may result in stress and anxiety. 

In such cases, a defamation lawyer would be beneficial to pursuing legal action and getting appropriate compensation. If these actions, coupled with continuous emotional turmoil, hamper your ability to maintain your professional career, the basis for emotional distress claims grows stronger.

Sirmabekian Law Firm Can Represent You

Sirmabekian Law Firm is aware of the complexities of pursuing cases involving discrimination, harassment, retaliation, or a related issue especially those involving emotional distress.

Our team is dedicated to representing employees facing these challenging situations. We offer a free legal consultation so you can learn more about your legal options and what steps to take next.

If you’ve been dealing with emotional distress in your workplace, we are here to help. You don’t have to fight these battles alone. We can advocate for your rights. Reach out to us today.