The Legal Process of Proving Emotional Distress in the Workplace

A 2024 survey found out that 51% of American workers felt stressed at work. 

Emotional distress in the workplace can impact an employee’s well-being and productivity. As employees become more aware of their mental health and its relationship to workplace environments, the necessity to understand the legal implications and processes on how to prove emotional distress at work is important.

What important legal standards do you need to know to support your emotional distress claims?

Let’s explore the legal process of proving emotional distress in the workplace, including relevant definitions, necessary evidence, and potential outcomes.

Understanding Emotional Distress Claims

Emotional distress at work happens when an employee feels very anxious, depressed, or hurt psychologically because of their job environment. Sometimes, stress at work can become too much to handle, leading to serious mental health issues. Knowing what it takes to make a claim can help if you need to pursue legal action. 

A valid emotional distress claim needs proof that your employer did something significant that resulted in your psychological pain. This manifests in the form of harassment, discrimination, or a harmful work atmosphere.

Keeping records is necessary for your claim. Document every incident, any communication with your supervisors, and details of any medical treatment you get. This information will serve as proof when seeking compensation for emotional distress.

Key Legal Standards

Your emotional distress claim might face challenges based on legal requirements. You must demonstrate that your employer’s actions are extremely unreasonable. 

There are two main types of emotional distress claims: intentional infliction of emotional distress and negligent infliction of emotional distress. Determine which type applies to your situation, as each has its own legal requirements.

Courts will want to see evidence of psychological harm, such as medical records, therapy notes, or expert testimonies, to establish that your emotional distress is serious. 

Be aware of the statute of limitations for filing your claim following the incident. The statute of limitations is a policy that sets a time limit for filing. Failing to meet the deadline will result in the denial of your claim. 

Establishing Causation

To strengthen your claim, show how an action created a hostile work environment or caused excessive stress. If you experienced harassment, you should explain how those instances led to your emotional distress. If you are unable to demonstrate that your emotional distress is caused by unrelated personal issues outside of work, your case will be considered weak. 

Establishing a timeline of events and showing that your emotional distress began shortly after a negative action in the workplace can help you prove your case. 

Causation means establishing a clear connection. The more specific you can be about how your mental state was affected by your employer’s actions, the stronger your claim will be.

Your ability to show this connection can greatly influence the outcome of your case.

Gathering Evidence

Document events that led to your distress. Keep a detailed journal that indicates the date, time, location, and people involved in each incident. This record will provide context for what you experienced.

Gather relevant emails, text messages, or other communications showing the negative treatment you faced. This evidence can help demonstrate the work atmosphere and the relationships that contributed to your distress.

Request permission to obtain statements from witnesses who saw the abusive incidents.

Obtain medical records or notes from a therapist describing your emotional state following these incidents. A professional evaluation can serve as evidence that you sought help for work-related stress.

Collect performance reviews or disciplinary records that indicate changes in your work performance or behavior linked to your emotional distress. Presenting properly organized evidence will clearly show how emotional distress affected your work. 

Dealing with the Legal Process

Talk to a lawyer specializing in emotional distress cases. They will review your situation and let you know if you have a valid claim.

Collaborate with your lawyer to prepare evidence, which will be the foundation of your case. 

If you collect enough evidence, your lawyer will help you file a complaint against your employer or the government if necessary.

Your lawyer may try to settle outside of court. If negotiations fail, then the case can be taken to court. Your attorney will help you prepare by explaining what will happen during depositions, hearings, and court trials.

Throughout the legal process, you must maintain good communication with your attorney. They will update you on your case, address any issues, and make sure you understand your rights and options at every stage.

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