Key Facts about Intentional Infliction of Emotional Distress
In the US state of California, the law recognizes intentional infliction of emotional distress or IIED as a “tort of outrage” that was produced by the conduct or acts which the employee who experiences it finds exceedingly upsetting emotionally. Additionally, the law recognizes that in some cases, any action of an employer that has the purpose to deliberately cause their employee serious emotional damage or harm could be labeled as unlawful. Here are some of the most important factors about IIED and the way it could impact the life of an employee that goes through it.
How does Intentional Infliction of Emotional Distress Look Like?
In practice, IIED can take several potential forms, but at the same time, these might differ between each other. IIED could be a situation where the employer was outrageous and extreme in their conduct which was beyond the border of acceptable behavior in the modern society. It could also present itself as reasonably foreseen or even intended process that causes serious emotional trauma. However, it is important to differentiate between mere insult and IIED which comes with a lot more severe impact on the emotions of the employee. Also, IIED should combine both emotional distress and outrage in the same event.
Elements of IIED
While the IIED formulates an event that is emotionally distressing and which produces outrage, in practice, it usually includes race and religious affiliation insults, false imprisonment, sex discrimination and behavior that is perceived as threatening to the employee’s physical security. One or more of these factors are most often present in the occurrence of IIED. However, termination of employment on its own, even without a cause and completely sudden, is not defined as IIED.
Proving a Claim of IIED
For a person who desires to show that intentional infliction of emotional distress occurred in their workplace, an outrageous and extreme behavior of the employer or their representative must be shown. Things like the instances of hurt feelings, rough language, insults, and annoyance are not recognized as outrageous behavior. Secondly, these behaviors must be shown to be deliberate and targeted towards the person who suffered from it finally, severe emotional distress by the employee also has to be proven, especially its connection to the employer’s conduct. Here, IIED has to be shown as a phenomenon that is a direct result of the same conduct.
Federal Perception of IIED
Intentional infliction of emotional distress is a law on a state level so anyone will have to check their what is their own state’s legal position on this issue. Only when they determine what type of conduct and behavior is prohibited they can actually enter the process related to IIED.
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