Employee Rights Protection

Document your rights as an employee. Don't let your employer's discrimination or harrassment go unanswered. By getting access to these forms you can document your case to your employer. Also, more importantly you will have the paper work to support any future legal action.

Protesting Sexual Harassment
Protesting Race Discrimination
Filing Appeal Against Wrongful Disciplinary Action
Filing Complaint Against Age Discrimination
Protesting Against Actions Resulting in Emotional Distress
Protesting Against No Warning Given Before Massive Layoff
Protest Against Racial Harassment
Protesting Sex Discrimination
Denial of Overtime
Protesting Against Interview Questions About Sexual Orientation
Requesting Severance Pay
Protesting Against Non-Payment of Commission at the Time of Being Fired
Protesting Wrongful Job Termination
Protesting Denial of Promotion
Protesting Unequal Pay
Filing a Complaint Against Pregnancy Discrimination
Protesting Against Interview Questions About Disability
Requesting Vacation Leave
Filing Claim Against Discriminatory Pay
Protesting Denial of Family and Medical Leave
Protesting Against Unsafe Working Condition
Filing a Claim for Unemployment Insurance
Demand Letter for ERISA Retirements Benefits
Protesting Derogatory Reference Given to a Prospective Employer
Requesting EEOC Posters at Workplace
Requesting Access to Personnel File
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 Employee Right - Emotional Distress


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.

 

Leave of Absence and Vacation
Non-compete Agreement
Employee's Right on Employer Policies
Discipline Rights
Rights on Personnel Files
Employee Pension Right
Employee Benefit Right
References Rights
Rights on Criminal Records
Employee Distress Rights
Defamation Rights
Rights on Assault and Battery
False Imprisonment Right
Employee Negligence Right
Right on Political Activity
Government Agencies
Union/Group Activity Rights
Whistle Blowing Rights
Worker’s Compensation Right
Tables - State Law
FAQs
Employee Right Glossary
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HARASSMENTHarassment General Info | Sexual Harassment | Race Harassment | File a complaint for Harassment      DISCRIMINATION: Workplace Discrimination Intro | Determining Discrimination | Age Discrimination | Disability Discrimination | Gender Discrimination | Religion based Discrimination | Pregnancy Discrimination | Marital Status Discrimination | Race Discrimination | National Origin Discrimination | Immigration Issue Discrimination | Language Discrimination | Sexual Orientation Discrimination    TERMINATION: Employee Termination intro | Employer and Employee Relationship | Kind of Employees | Saving the job | Saying good bye on good terms | Wrongful Termination | Termination of Employment at will | Final payment on Termination | Severance pay on Termination | References letter on Termination | Unemployment Insurance on Termination | Health Benefits on Termination   PRIVACY: Privacy Right Introduction | Privacy Right on Background checks | Drug Testing in the Workplace | Privacy Right on Surveillance | Privacy Right on Polygraph testing | Privacy Right on Medical Records Disclosure | Privacy Right on Property Searches | Privacy Right on Computers usage    HIRING: Hiring an Employee | Job advertisement for Hiring | Interview for Hiring | Arbitration Agreement on Hiring | Employee Drug Testing | Medical Test on Hiring | Hiring time Non-Compete Agreements | Hiring new Employee on Probation    WORKING & PAYMENT: Work & Payment Introduction | Minimum wage | Overtime Payment | Sales Commissions | Compensatory time | Vacation pay | Stock option | Sick time pay | Bounced payment | Break time pay | Pay deduction | Filing a complaint    HEALTH & SAFETY: Health and Safety Workplace | Workplace Safety | Basic environmental conditions for Health & Safety    UNEMPLOYMENT: Unemployment Insurance Introduction | Unemployment Insurance Eligibility | Filing a claim for Unemployment Insurance | Unemployment Insurance Amount to be received and till what date | Appeal a denial for Unemployment Insurance | Unemployment Insurance Overpayment