Can I sue my employer for mental or emotional distress or damages?
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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
Answers:
Jonathan Pollard / Pollard LLC
Answered 11 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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