Do I have a valid reason to file a lawsuit aganist my employer for emotional distress and negligence?

UPDATED: Sep 1, 2012

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Do I have a valid reason to file a lawsuit aganist my employer for emotional distress and negligence?

There was an attempted robbery at my job on the third day I was working there. Apparently, there were a string of robberies attacking various stores nearby i was not made aware of. Two masked robbers entered my store and one held a gun. As one employee ran out the door I was stuck behind the cash register where there is only one exit. toward the robbers There was a moment of hesitance before the robbers ran to the back room and I then run out the front door. As I’m running away a woman flags me down and she calls the cops. The robbers seen that I saw them and their car. I’m scared they might come back and shoot me. Another fact I was not made aware of is that a previous employee was held hostage at this store location some recent months. If this is not the first time this occurs doesn’t it seem neccessary that a security guard be in attendance or at least a panic button be installed?

Asked on September 1, 2012 under Personal Injury, California


Robert Slim / Robert C. Slim - Attorney at Law

Answered 10 years ago | Contributor

You pose a very interesting question.  I would want to know if you were physically injured at all.  In Texas, you cannot sue for "negligent" inflcition of emotional distress.  A claim of emotional distress must arise from some bodily injury.  However, you can sue for "intentional" inflcition of emotional distress (without having a bodily injury), but you would have to prove that your employer acted intentionally or with gross neglect, whcih might be hard to do.

If you want, you may call me to discuss the matter further.  Like I said, you do pose an interesting question, but I would need more details.

Robert C. Slim, Attorney at Law (214) 321-8225.

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 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.

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