Emotional Distress Legal Claims

Summary

Emotional distress in New York State can be caused by intentional infliction, such as bullying or harassment, or negligent infliction, like causing an accident. Its defined as mental suffering due to someones wrongful act. If an individual with mental health issues faces retaliation at work, leading to severe emotional distress or suicidal tendencies, they may have grounds to sue. The employers refusal to grant FMLA leave and causing financial hardship can also be grounds for a claim. The employers belief of being right does not necessarily absolve them of potential recklessness or intentional infliction of emotional distress. In New York State, FMLA and workers compensation can run concurrently if an employees injury qualifies under both. Employers cannot legally fire an employee solely for filing a workers compensation claim or for being unable to work due to the injury. Protections against retaliation apply from the moment you file a workers compensation claim. Always consult an attorney for personalized advice.

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So let’s say someone already deals with mental health issues and they’re retaliated against at work because of it and then this person starts to spiral due to this even attempting suicide can they sue for emotional distress?
Yes, they can sue for emotional distress in New York State. Here are the requirements:
- Proving severe emotional distress.
- Showing the employer's conduct was intentional or reckless.
- Demonstrating a causal connection between the conduct and distress.

Please consult a lawyer for legal advice.
Okay so let’s say the person had an intermittent FMLA certification and the person told their employer of their employer refused to let them use it causing them to go weeks without money and then caused them to potentially lose their home which caused the individual to become suicidal the individual even tried to fix it with the employer multiple times and the employer kept ignoring the employee
In such a case, the individual may have a claim under the Family and Medical Leave Act (FMLA) and possibly a claim for emotional distress. Here are key points:
- FMLA violation: The employer's refusal to grant FMLA leave can be illegal.
- Emotional distress: Severe distress due to the employer's actions can be grounds for a lawsuit.
Always consult a local attorney for accurate advice.
Is that reckless and intentional
Based on the information given, the employer's actions could be seen as reckless and intentional. This is if they knowingly ignored the employee's rights under the FMLA and caused severe emotional distress. However, a court or legal professional would make the final determination.
What if the employer felt they was right even though the employee kept trying to tell them they was wrong is it still reckless and intentional
The employer's belief of being right does not necessarily absolve them of potential recklessness or intentional infliction of emotional distress. The key is whether the employer's actions were objectively unreasonable and caused severe emotional distress. Consult a local attorney for personalized advice.
Do you need FMLA for workers comp
Are you asking whether you can use FMLA leave while receiving workers' compensation benefits, or if FMLA is required to file a workers' compensation claim? Also, could you please provide your location? FMLA and workers' compensation laws can vary by state.
Nys
In New York State, FMLA and workers' compensation can run concurrently if an employee's injury qualifies under both. However, FMLA isn't required to file a workers' compensation claim. Always consult an attorney for personalized advice.
If you get injured at work and you decide to file a workers comp claim and don’t return to work can your employer fire you
In New York State, employers cannot legally fire an employee solely for filing a workers' compensation claim or for being unable to work due to the injury. This could be seen as retaliation, which is illegal. Always consult an attorney for personalized advice.
What if they claim the reason is for too many days off
In New York State, if an employer fires an employee for taking too many days off due to a legitimate workers' compensation claim, it could be considered retaliation, which is illegal. However, specific circumstances might affect the legality. Always consult an attorney for personalized advice.
Does the workers comp claim need to be approved first?
Do you mean if the workers' compensation claim needs to be approved before you can be protected from retaliation or termination?
Yes
In New York State, the protections against retaliation apply from the moment you file a workers' compensation claim, regardless of whether it's been approved yet. However, specifics may vary. Always consult an attorney for personalized advice.