The laws for filing a lawsuit against your corporate employer vary from state to state. In general, every state has provisions for suing your employer’s corporation on grounds of emotional distress. However, before filing an emotional distress lawsuit, you will have to understand the various doctrines for emotional distress applicable in your jurisdiction and any laws that oversee the causes of action against your employer.
Either emotional distress can be caused intentionally or it can be inflicted because of negligence. For differentiating intentional and negligent infliction of emotional distress, it is required that the victim display some form of physical manifestation of the emotional distress caused like an injury in the case of negligent infliction of emotional distress.
Intentional infliction of emotional distress
In order to bring a case of intentional infliction of emotional distress against an employer, there are certain elements that will have to be proved such as extreme and outrageous conduct, intentional or reckless conduct on the part of a co-worker or boss that results in serious emotional distress. The sufferer will have to furnish proof that the emotional distress was caused because of the employer’s distress.
Negligent infliction of emotional distress
To affirm a case of negligent infliction of emotional distress, the elements that need to be proved are many. These include a negligent action by a co-worker or the employer in such a manner as to cause emotional distress, some form of connection between the person’s actions and the emotional distress caused and some form of physical manifestation of the distress like high blood pressure, nausea, insomnia, illness or depression.
Before you file an emotional distress lawsuit against your corporate employer, ensure that your corporate policy or employment agreement allows you to do the same. Employee agreements in certain corporate agreements require that matters be sent for settlement or arbitration. In addition, certain businesses require you to file a worker’s compensation instead of a lawsuit depending on the type of business you are in. Additionally, in order to proceed, you will be required to develop a legal theory of causation if you are planning to sue your employer for a co-worker’s actions.
These are some aspects regarding the different types of emotional distress and filing a lawsuit for the same. It is important that you understand the laws regarding emotional distress within your jurisdiction before you proceed to file a lawsuit. Avail the services of an experienced attorney to help you through the procedures.Google+