Attorneys At Law, Representing Employees in Civil Rights and Employment Litigation

Intentional Infliction of Emotional Distress

An employee may have a claim for intentional infliction of emotional distress (IIED) against his or her employer in cases in which an employer purposely causes severe emotional distress to the employee as a result of extreme and outrageous conduct. Examples of IIED claims can include racial insults, sexual harassment, or conduct that threatens an employee's physical security (although a physical injury is not necessary).

What are the elements of an IIED claim?

To establish a claim for IIED, a plaintiff must establish:

  • Extreme and outrageous conduct by the employer or a representative of the employer;
  • Intent by the employer to cause the employee to suffer extreme emotional distress or knowledge that such distress was substantially likely to result;
  • Employee suffered extreme emotional distress; and
  • Employer's conduct caused employee to suffer extreme emotional distress.

The information contained above is intended for purely informational purposes.
It does not in any way constitute legal advice and should not be relied upon as such. 
Use of such material does not, in any way, constitute an attorney-client relationship; only an express signed agreement can create such a relationship.

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