Yes, you can sue your workplace for emotional distress under several circumstances. If your work environment is causing you emotional distress, someone at work is likely to blame. You may be suffering discrimination, harassment, or a hostile work environment that is causing your emotional distress. You may be entitled to take legal action to put a stop to the harassment and receive compensation for what you have been through.
The employment lawyers at Abney Law know how to handle emotional distress claims against your employer. Speak to us to determine how we can help.
What Constitutes Emotional Distress?
Emotional distress refers to the mental suffering caused by another party’s negligent or intentional acts. In the workplace, this can include all of the following and much more:
- Sexual Harassment: Sexual acts, conduct, innuendos, threats, or overtures
- Physical Assault: Acts of physical violence or attempted physical harm against an employee
- Personal Harassment: Harassment aimed at a specific individual
- Hostile Work Environment: Purposeful creation of work environment designed to harass or discriminate against a person
- Retaliation: Acts by an employer or supervisor to retaliate against an employee for taking a protected action, such as against whistleblowers
- Stalking: Following an individual or repeated acts of unwanted communication, often includes threats of physical harm
- Cyberbullying: Harassing a person online in a way that causes significant mental distress
Symptoms of Emotional Distress
Symptoms of emotional distress can be quite serious and negatively affect your life. Symptoms may include:
- Personality changes
- Anxiety and panic attacks
- Changes in weight or eating patterns
- Fear of going to work
- Exhaustion
- Memory problems
- Depression or suicidal ideation
Types of Emotional Distress Claims in Kentucky
There are two primary types of emotional distress claims:
- Negligent Infliction of Emotional Distress (NIED): This occurs when someone’s negligence causes emotional harm. To prove NIED, you must show that the distress significantly disrupts your daily life and that the impact is greater than what a person would typically experience in a similar situation.
- Intentional Infliction of Emotional Distress (IIED): This happens when someone intentionally or recklessly causes emotional harm. The misconduct must be extreme and outrageous, resulting in severe emotional distress.
Both may constitute legal grounds for suing your employer. In Kentucky, you can sue your workplace for emotional distress if you can prove that the employer’s actions were negligent or intentional and caused significant emotional harm.
Tips to Help With an Emotional Distress Lawsuit
These general tips can help you prepare for your emotional distress claim.
- Document Everything: Maintain a detailed record of occurrences, including times, dates, and descriptions of what occurred. Collect all evidence, such as communications, messages, emails, or witness statements.
- Consult an Attorney: You should immediately consult with an attorney who well-versed in Kentucky employment law. They can help you understand your rights and guide you through the legal process.
- File a Complaint: Your attorney will help you file a complaint with the appropriate Kentucky court. The complaint sets forth the general allegations and begins the lawsuit.
- Gather Evidence: Your attorney will work with you to gather evidence, including medical records, witness statements, and any other relevant documentation.
- Attend Hearings: You may need to attend court hearings to present your case. Your attorney will represent you and argue on your behalf.
Consult an Experienced Kentucky Emotional Distress Lawyer
The emotional distress you suffer at work should be stopped. You may also be entitled to significant financial compensation for what you have been through. You have rights that deserve protection.
Let the dedicated employment law attorneys at Abney Law review your case. Contact us today for a consultation.