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If you are being emotionally abused, psychologically damaged or overstressed because of your employer, you may be wondering if you can sue for emotional distress. Many individuals deal with stress in the workplace, but it is not common to feel anxiety, fear, and anger while going to work every day. If your employer is behaving rudely, making it harder for you to concentrate, or purposefully bullying you, you should consider suing for emotional distress.

Emotional Distress

Traumatic psychological problems can arise when an employer is intentionally bullying you. If your employer calls you names, refuses to promote you based on your sexual orientation, sex, or physical appearance, they are causing emotional distress. Any type of conduct that threatens your physical security as an employee is considered emotional distress. Sexual harassment is a common cause of emotional distress in the workplace. An employer behaving or talking in an inappropriate manner can cause you to lose focus and feel unsafe at your job. An employer who uses racial slurs, discriminates against a certain race, sex, or sexual orientation is behaving in a conduct that threatens personal security of an employee.


Because proving emotional distress occurred in a workplace, you will need proof to help strengthen your claim. Discreetly voice or video recording your employer engaging in this kind of activity, documenting individual instances of abuse every time you encounter it, and asking any witnesses to provide a written account of the incident will help. If you have any coworkers present at the time, have them sign and date their testimonial. Make sure that you have reported this employer’s inappropriate behavior before, so that your claim will have evidence from previous encounters reported. If you do not think the employer or fellow employee causing you the emotional distress was talked to or punished fairly, document this as well. Three common elements that are prevalent and universal in intentional infliction of emotional distress are employers acting recklessly, in an extreme way, or an employer purposefully causing emotional distress in any way. Racists, homophobic and sexist employers should never be tolerated and reported immediately.

Contact an Attorney

You should definitely consider contacting an attorney, like Nassau County workers compensation attorneys, if your employer is causing you emotional distress. He or she can help further assist you in court, in your claim, and make sure that you receive a fair compensation in the settlement. Often times emotional distress claims are difficult to pursue on your own, so reach out to an attorney today.

Thanks to our friends and contributors from Polsky, Shouldice & Rosen, P.C. for their insight into workers compensation.