Q: Can I sue my employer for intentional infliction of emotional distress. I filed complaints of unethical behavior
A:
Intentional infliction of emotional distress is a difficult claim to sustain in Virginia. One must show:
1.The wrongdoer’s conduct was intentional or reckless;
2.The conduct was outrageous and intolerable in that it offends against generally accepted standards of decency and morality;
3.There is a causal connection between the wrongdoer’s conduct and emotional distress; and
4.The emotional distress is severe.
Additionally, some Virginia cases seem to suggest that the conduct has to be done for the specific purpose of inflicting emotional distress or with knowledge that the other person would suffer severe emotional distress.
Without knowing additional facts, an assessment of the potential liability is impossible, but in theory I am aware of no bar on filing this claim against an employer.
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