Intentional infliction of
emotional distress,
also known as "tort of outrage," is defined
as follows:
One who by extreme and outrageous conduct
intentionally or recklessly causes severe emotional
distress to another is subject to liability for such
emotional distress and for bodily harm resulting from
the distress. The emotional distress they’re
under must be so severe that no reasonable person
could be expected to endure it. Any recovery must
be reasonable and justified under the circumstances,
liability ensuing only when the conduct is extreme.
By extreme we refer to conduct outrageous in character
and extreme in degree as to go beyond all possible
bounds of decency, and to be regarded as atrocious
and utterly intolerable in a civilized society.
An employee may file a complaint of undue distress
as a result of the employer’s act/action, if
it :
 |
Results in severe
emotional distress |
|
Is extreme and outrageous conduct
beyond the tolerable limit of the civilized society. |
|
Intentionally causes a reasonable
person serious emotional trauma. |
If employees have the right not to be fired except
for just cause because of a contract and are fired,
they can sue only for their lost wages and benefits.
they cannot sue for emotional distress. If employees
are fired for an illegal reason, such as racial
harassment, they can sue the employer for emotional
distress, in addition to lost wages, punitive damages,
and attorney's fees.
However, the law does not protect against mere insult.
The conduct or remark of the employer or any of the
co-workers has to be so extreme and outrageous that
it results in severe emotional distress.
