Can I sue my employer for negligent infliction of emotional distress?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can I sue my employer for negligent infliction of emotional distress?

Earlier this year, I discovered that my boss and an employee that I manage (best friends and neighbors) are committing embezzlement from the company that we work for. In addition, the best friend has a title and pay that should belong to another employee. My boss gives the best friend an additional 30-40 hours per week on her paycheck, however, she is an employee that works 20 hours per week. I informed HR of this illegal activity and potential EEOC claim 4 months ago. To date HR has done nothing. Everyday I feel like I’m waiting for “something” to happen. I have anxiety when it is time for work and have been to the doctor several times for record high blood pressure.

Asked on July 27, 2015 under Employment Labor Law, Maryland

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

No, you may not sue your employer for this: the law does not make person 1 responsible for  the emotional reaction (and any associated physical symptoms) of person 2, unless circumstances like the below exist:

1) Person 1 has engaged  in deliberate or intentional conduct aimed at causing emotional distress, such as stalking, harassment, etc.

2) Person 1 killed an immediate family member of person 2 in person 2's physical proximity.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption