QUESTION
Can I sue my employer for emotional distress?
Asked on Mar 11th, 2014 on Labor and Employment - Michigan
More details to this question:
My manager constantly talks about me behind my back and my coworkers come to me telling me and I feel like that's embarrassing for me and stressful for me to come to work knowing how he feels about me, so I asked him why do he constantly talks about me when this job is already stressful on me, and for him to bad mouth me to my employees is very stressful and I told him that I will call the corporate and tell them about the situation. He said, if I call them things will no different between me and him and things will change around here like he is threatening me so I quit and ever since then my health is getting worst and I don't have a job. I have three kids to take care of so I'm very stressed out trying to figure out how I'm going to pay bills and i don't know what to do. I have a proof of my health problems due to the job and evidence that he did say what he said.
11 ANSWERS
Ronald A. Steinberg
It sounds like a hostile work environment. Under Michigan law you may have a case.
Answered on Mar 13th, 2014 at 11:18 AM
Personal Injury Attorney serving Pasadena, CA
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Law Offices of Pius Joseph
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You need to talk to someone regarding harassment and wrongful termination. You generally have one year to file A DFEH complaint and then time starts running from the time You receive a right to sue letter.
Answered on Mar 12th, 2014 at 7:07 PM
Edwin K. Niles
Yes, please see an employment lawyer.
Answered on Mar 12th, 2014 at 2:26 PM
James Eugene Hasser
Your exclusive remedy against your employer for an on the job injury is for compensation benefits which consist of medical and compensation benefits. You have a duty to report all injuries to your employer. By quitting and waiting so long, you may have a problem getting a claim started. Additionally, the employer has the right to choose the initial treating physician. So, it does not have to pay for your choice of Dr. In order to be entitled to comp benefits, you will have to have a Dr willing to state that your condition is preventing you from working. You might want to seriously consider consulting an experienced comp lawyer.
Answered on Mar 12th, 2014 at 12:02 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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No, you cannot sue your employer for emotional distress. You quit. You did not call corporate and you did not follow the steps necessary so that he might have been the one fired, not you. I may be wrong and if you are in California, I am probably wrong. So, in order to make sure you have an accurate answer, call a local employment law attorney and go over the facts with him or her.
Answered on Mar 12th, 2014 at 10:10 AM
yes, you may sue, but you can not in on these facts under GA law. you do not have a case.
Answered on Mar 12th, 2014 at 8:39 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Doesn't sound like much of a case to me. you are too stressed out to work. You might talk to the EEOC and see if you might make any kind of discrimination case
Answered on Mar 12th, 2014 at 8:32 AM
You may have a worker's compensation claim and possibly an illegal discrimination claim.
Answered on Mar 11th, 2014 at 11:24 PM
Thomas Edward Gates
You need to first file a complaint with HR. Then, contact an employment attorney to protect your rights.
Answered on Mar 11th, 2014 at 11:24 PM
Labor and Employment Attorney serving Garden City, NY
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Borrelli & Associates, P.L.L.C.
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You can sue your employer for intentional infliction of emotional distress. However, the conduct engaged in must be so extreme and outrageous that it exceeds any behavior tolerated in a civilized society. While you describe behavior that is offensive, it probably do does not meet the legal requirements to state a claim under New York Law for intentional infliction of emotional distress. You should consider whether or not your employer is treating you adversely for other reasons such as that they are discriminating against you because of a protected class that you belong to.
Answered on Mar 11th, 2014 at 11:23 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Find a new job. This would be a difficult case as I suspect you are going to be let go and are an at will employee.
Answered on Mar 11th, 2014 at 11:23 PM