Can I Sue My Employer For Distress

• Most people, especially employees, have had a bad day, either due to an overbearing boss or because of something out of their control. But emotional distress is more serious than just having a bad day. The key to determining whether your “bad day” is something more serious is to ask yourself: 1) how often are you experiencing this distress, 2) how long does it last, and 3) what exactly do you feel. Nonetheless the following signs should give you an idea that you’re experiencing emotional distress:
  1. Sleeping problems
  2. Weight gain or loss
  3. Unexplained physical conditions
  4. Mood swings
  5. Uncontrollable anger
  6. Obsessive behaviors
  7. Compulsive behaviors
  8. Chronic fatigue
  9. Excessive lack of energy
  10. Feeling like you do not want to be around people
  11. Memory problems
  12. Lack of sexual drive
  13. Thoughts of suicide

  These signs can be normal from time to time. However, if they last for an extended period of time, it may be time to visit a doctor. Nonetheless, any significant change in social behavior for an extended period of time could point to an overload of stress or other emotional issues at work.

  If you feel you are in crisis, please call the National Suicide Prevention Lifeline. It is a free, 24-hour hotline, at 1.800.273.TALK (8255). Your call will be connected to the crisis center nearest to you. If you are in an emergency, call 911 or go to your nearest emergency room.

There are a few theories which are available to an employee to hold their employer accountable for distress damages. An employee may be able to hold an employer liable when the employer’s acts are 1) negligent, 2) intentional, or 3) create emotional distress as part of unlawful discrimination, harassment, retaliation, or termination. When the emotional distress is caused by illegal discrimination or harassment, the employee can bring a claim under the Fair Employment and Housing Act (FEHA) or under Federal law. Our lawyers will help answer the question: can I sue my employer for distress?

By having an attorney by their side, you can easily identify whether the emotional distress is due to normal workplace stress or if the distress is due to discrimination based on a protected characteristic. In the event the distress is in fact caused by unlawful workplace behavior, you may be able to recover for your damages.

However, while the law does not bar your boss from being an outright jerk, the law states that they cannot you treat less favorabley due to a protected characteristic or trait. Therefore, if your boss is singling you out and causing you emotional distress because of your age, race, disability, sex, gender, sexual orientation, or because you report a violation of law, you may have a claim.