Can You Sue Your Employer for Emotional Distress?

Stress may seem like a normal part of any job, but can you take legal action for feeling severe stress and anxiety at work? D.Law, California’s trusted employment law firm, is here to answer the frequently asked question, “Can you sue your employer for emotional distress?”

Discover what makes for a hostile work environment and your options for recovering mental anguish compensation below. 

Causes and Effects of Workplace Emotional Distress

Any worker can endure mental suffering because of their job’s demands or their employer’s actions. Many emotional distress claims note the following elements as key causes of poor mental health:

• Lack of job security
• Unreasonable job demands
• Intimidation or threats in the workplace
• Unsafe working conditions
• Sexual harassment from supervisors or coworkers
• Derogatory comments about one’s age, sexual orientation, or blatant racial discrimination
• Unsafe or outrageous conduct

Whether you’re the victim of intentional emotional abuse or someone’s negligent infliction of distress, these actions can take a toll on your physical health. Lawyers often see emotional distress cases cause physical symptoms like panic attacks and depression. 

The mental distress may even cause employees to cope by abusing drugs or alcohol. Employers who cause such harm should be held accountable for their actions.

Federal and California Labor Laws That Protect Employees

So, can you sue an employer for emotional distress? State and federal laws offer legal protections for employees who endure pain or trauma on the job. These include:

• Workers’ compensation laws: Anyone who sustains a physical injury in the workplace is subject to workers’ compensation insurance to replace a portion of their wages. 
• Civil Rights Act of 1964: This legislation outlaws racial, gender, and religious discrimination. It also created the Equal Employment Opportunity Commission to further protect employees from wrongful termination and other extreme behavior in the workplace.
• Fair Employment and Housing Act: This state law mandates that California employers cannot discriminate against or harass staff members. 
• California Family Rights Act: Workers who have been at their job for over a year are eligible for 12 weeks of unpaid leave to tend to any serious health conditions, including emotional injuries from a hostile work environment. 

Types of Emotional Distress Claims Employees Can File

How can you sue your employer for emotional distress? To sue for psychological harm, you’ll have to pinpoint whether your employer’s actions are intentional. The two main types of claims you can file are:

• Negligent Infliction of Emotional Distress, or an NIED claim: You don’t have to prove a physical injury, yet someone’s negligent actions can have a significant impact on your emotional health. 
• Intentional Infliction of Emotional Distress, or an IIED claim: Such claims involve an employer’s purposeful actions that cause psychological trauma or harm. 

Specific situations call for different types of claims, but an experienced employment attorney can help you determine which route is ideal for you. 

Key Components of a Successful Emotional Distress Lawsuit

Building a strong case against your employer requires plenty of effort from you and your lawyer. To seek emotional damages, you’ll have to keep the following components in mind before filing.

1. Filing Before the Statute of Limitations Runs Out

Ask a lawyer, “Can you sue your employer for emotional distress?” and they’ll tell you yes, but only if you meet the filing deadline. California law allows plaintiffs to file employment lawsuits within two years from the date they discover behaviors that harm their mental health. 

If you leave a job that caused severe emotional distress and want to sue the employer three years later, you won’t have a case due to the statute of limitations running out. 

2. Gathering Sufficient Evidence To Prove Harmful Workplace Behavior

Document all instances of psychological or physical harm that you endure from your job. If you’re the victim of physically unsafe working conditions, your evidence could justify a personal injury lawsuit. Include photos or videos of your injury as well as medical records. 

Proving workplace stress can be a bit more difficult, but not impossible. Witness statements or testimonies from a mental health professional can back up your claim. Additionally, you can use demanding, derogatory emails or SMS messages from colleagues as evidence.

3. Properly Negotiating for Emotional Distress Damages

How can you sue your employer for emotional distress and earn financial compensation for your pain and suffering? This process requires a knowledgeable lawyer who knows how to advocate on your behalf. Their negotiation and litigation prowess could lead to:

• Compensation for medical treatment: If workplace stress manifests in physical harm, your employer may have to cover those medical bills. The settlement may also cover the costs of mental health counseling for your severe emotional distress.
• Backpay: If you have to miss work because of extreme anxiety or other forms of mental anguish caused by your employer, they could compensate you for those lost wages. 
• Punitive damages: In cases involving egregious, illegal behavior, such as disability discrimination, your employer may have to pay subsequent damages. 

Why You Should Take Severe Emotional Distress in the Workplace Seriously

Many workers in CA falsely believe that they can’t do anything about the stress and anxiety their employer or colleagues inflict on them. Harmful conduct or comments in the workplace can have a lasting impact on staff and create problems in their personal life. 

You should never be afraid to speak out against such behavior and file a lawsuit when appropriate. Under California law, employers can’t retaliate against staff members who raise valid concerns regarding unlawful or unethical behavior. 

Navigate Your Legal Options With D.Law – California’s Trusted Employment Law Firm

Not only can you sue your employer for emotional distress, but you can also open a lawsuit for other unethical and illegal activities in the workplace. The employment lawyers at D.Law handle complex cases and can help with everything from explaining the legality of denying time off to negotiating for a fair settlement. 

Connect with us today and learn how we can assist you. Call (818) 275-5799 or submit our online form to schedule a free consultation.