Can I sue my employer for mental or emotional distress or damages?

I work in a restaurant and my employer constantly throws kitchen tools and dishes in my direction and yells at me. I have done nothing to provoke his actions and I am becoming physically ill due to fear for my safety. I have experienced nausea, physical pain and headaches.

Asked on June 29, 2012 under Employment Labor Law, Oregon


Jonathan Pollard / Pollard LLC

Answered 8 years ago | Contributor

In many states, yes.  The specific cause of action is known as intentional infliction of emotional distress. This type of claim requires conduct that is exceptionally shocking and outrageous-- and what you have described here may well qualiy for that. 


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