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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 7202
Experience:  Significant experience in all areas of employment law.
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If I decide to sue for Intentional Infliction of Emotional

Resolved Question:

If I decide to sue for Intentional Infliction of Emotional Distress on my boss is documenation enough? Since his threat has casued me emotional distress for the past months but this distress atually has been going on for the last year. His beef on me is my poor attendance because my dad is not able to take care of himself. I in turn have a beef on him because he allowed a consultant t install illegal software on our computers at work. The more I push on that the more he becomes angry and reads off a list of everthing that I have done wrong but mostly about my attendance. He has threaten to put me in a box if I even talk about it. Also I questioned that he has allowed his employees to take time off with no vacation or sik days off. What are my chances of winning or do I even have a case against him?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 1 year ago.
Hello and thank you for entrusting me to answer your question. I am extremely sorry to hear about the harassment you are experiencing at work.

Intentional infliction of emotional distress claims, or "IIED" claims as attorneys like to call them, are extremely difficult to win. The claimant must typically show that the defendant's conduct "exceeds all bounds of human decency" and "shocks the consience. This requires far more than simply showing that someone was rude, unfair, or disrespectful.

Putting a dead fish on someone's desk would be an example of conduct that may form the basis for a successful IIED claim. Nasty comments or conduct typically are insufficient. Of course, whether or not any given conduct satisfies the stringent legal standard for IIED is a "question of fact," meaning there is no absolute right or wrong answer. It's all case-dependent and it's all up to what the finder of fact (a jury or in a bench trial, a judge) decides.

So, to answer your question as directly and honestly as I can, the chances of prevailing on this sort of claim based on the behavior you have described are not terribly great, though it is impossible to predict with absolute certainty since satisfaction of the legal standard for proving IIED is a question of fact.

I sincerely XXXXX XXXXX this information helps you and I wish you the best.

If you do not have any further concerns, I would be very grateful if you would give my answer a positive rating and click submit, as this is the only way I will receive credit for assisting you. If you have any additional concerns that you would like me to address, please feel free to let me know by hitting the REPLY or CONTINUE CONVERSATION button and I will be more than happy to continue assisting you.

Finally, please bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.

Thank you and very kindest regards.
Customer: replied 1 year ago.


But my main concern for filing IIED is that my boss is close our President of the board who is a cop. Putting me in a box does not set well with me because it is a possibilty. I have lost sleep over this situation to the point I am seeking medical attention. If my doctor finds that I am not able to work with a boss who continues to threatens me ... Do I have recourse or not?

Expert:  Patrick, Esq. replied 1 year ago.
Larry,

Thanks for your reply. It is certainly possible that you may have recourse, as putting an employee in a "box" sounds a lot like behavior that exceeds all bounds of human decency and shocks the conscience. As noted above, however, since this ultimately boils down the question of fact, no one can predict the legal outcome with certainty.

You may wish to consult with some local employment law attorneys to see if any are wiling to accept the case, upon examination of the facts in more detail, on a contingency basis. This means that you will not pay anything for their legal services until you secure a recovery and nothing at all if you lose.

For attorney referrals, visit this link: http://apps.americanbar.org/legalservices/lris/directory/main.cfm?id=CA or visit http://www.martindale.com I particularly like Martin Dale because the site allows you to search attorneys by practice area and also provides attorney ratings.

Again, I sincerely XXXXX XXXXX this information helps you and I wish you the best. If I have answered your question, I would be very grateful for a positive rating of my service so that I may receive credit for assisting you.

Kindest regards.
Patrick, Esq., Lawyer
Satisfied Customers: 7202
Experience: Significant experience in all areas of employment law.
Patrick, Esq. and other California Employment Law Specialists are ready to help you

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