Remedies Recoverable for Experiencing Emotional Distress in the Workplace

It’s not uncommon for employees to get stressed in the workplace. With overwhelming deadlines and projects, stress may a common factor in many workers’ professional lives. Generally, absent any unlawful conduct causing this stress, employees cannot file an employment lawsuit to seek compensation for the stress they experience from performing their ordinary job assignments.

However, there are some instances when employees experience emotional distress in the workplace due to the unlawful conduct of their employers, resulting in a negative impact on their professional and personal lives. If you believe that you work in a hostile work environment that has been causing you to experience emotional distress, you might be wondering if you can sue your employer for compensation for the harm.

Can I Sue My Employer for Emotional Distress?

Employees may experience emotional distress as a result of being subjected to extreme physical or mental harm. If you are dealing with emotional distress, you may experience mental suffering in the form of anxiety, panic attacks, depression, feelings of guilt, and even suicidal thoughts.

Under California employment laws, you can file a lawsuit for legal violations such as negligent, unsafe, or otherwise unlawful working conditions. The type of claim you file will likely depend on your situation. For example, if you are being mistreated because of a protected class (e.g. age, race, gender, disability, national origin, sexual orientation, etc.), you can file a discrimination lawsuit.

Recoverable Remedies

If an employer has violated their legal duty to provide a workplace free from discrimination, harassment, retaliation, or health and safety hazards, employees may have the right to seek compensation for their employer’s wrongdoing. If you’ve been experiencing severe emotional distress, you may be able to obtain, through a lawsuit, compensation for your employer’s unlawful conduct. Below we explain which damages you may be entitled to after filing an employment law case:

• Economic Damages: Economic damages, also known as compensatory damages, are meant to compensate you for the funds you would have received and/or retained if you didn’t experience emotional distress, discrimination, harassment, or other legal violation in the workplace. It typically covers monetary compensation for lost wages, benefits, or medical bills related to your case.
• Non-Economic Damages: Non-economic damages refer to monetary compensation for subjective, non-monetary losses such as pain, suffering, inconvenience, emotional distress, loss of society, and more.
• Equitable Relief: Equitable relief doesn’t necessarily include monetary compensation, but rather asks the defendant to perform a certain act or refrain from a certain act.

Experienced Employment Law Attorneys

If you believe that you’ve been experiencing severe emotional distress due to working in a hostile environment, or due to discrimination, retaliation, or harassment, our team at Hennig Kramer LLP is here to help you. Our Los Angeles employment law attorneys can help you determine if you have a case and the next steps you should take to seek compensation.

Get in touch with our team at Hennig Kramer LLP today at (213) 310-8301 to schedule a consultation!