To prove intentional infliction of emotional distress, you will need to prove the following:

• The defendant acted recklessly or intentionally;
• The defendant’s actions were extreme and outrageous;
• The defendant’s actions caused you emotional distress; andYour emotional distress was severe.

Proving a claim of intentional infliction of emotional distress can be difficult because it is unclear what is considered to be outrageous and extreme conduct. However, the conduct must be more than annoyances, threats, or insults.

Lawsuits against employers for the actions of their employees

Employers may be liable for their employees’ actions when the actions were within the scope and course of their jobs or when the employers allowed the employees to engage in the conduct. To prove that an employer is liable for an employee’s conduct in an emotional distress claim, you will need to prove the following:

• The employer actually knew about the defendant’s action;
• The employer knew that the employee’s action was harmful; and
• The employer failed to take steps to remedy the issue.

In claims involving the workplace, emotional distress claims are commonly alleged together with other harmful actions such as discrimination or sexual harassment.

Emotional distress damages

The potential damages that might be available in emotional distress claims will depend on the facts and seriousness of the emotional distress. The jury determines this if the case goes to trial. The factors that the jury members consider include how outrageous the defendants’ conduct was, the degree of harm that was suffered and whether the distress is ongoing.

Contact the attorneys at Swartz Swidler

Emotional distress claims can be difficult to prove. Even though this injury is not visible, it can cause lasting harm. If you have suffered emotional distress because of the actions of a co-worker, talking to an experienced employment lawyer is important. Call Swartz Swidler today for a free and confidential case evaluation.