Can I sue my former employee for emotional distress that it hascaused me and my family due to resigning my position?

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Can I sue my former employee for emotional distress that it hascaused me and my family due to resigning my position?

I am a staff accountant. I recently resigned my position with my company. Part of my job was to prepare the forms 940 and 941 payroll tax reports. During the first quarter I discovered that they were not reporting all of the employees onto the report. They are giving about 10 employees 1099’s. But they do not meet the guidelines for a subcontractor. But should be considered full-time employees. So I ask my controller about it and she acted really funny. She use to sign all of the reports up until that point. So she decided to let the owner sign it. So I know they are aware.

Asked on November 26, 2011 under Employment Labor Law, Louisiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

No, you cannot recover for emotional damages when someone is doing something you disapprove of--even something which is illegal--and it upsets you or causes you to resign a position. Emotional damages are generally only available in cases of egregious behavior coupled with physical injury (e.g. watching your child being killed by a drunk driver) or for deliberate attempts to inflict emotional injury, such as stalking/harassment.


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