In what situation can an employee claim emotional distress damages?

An employee can claim emotional distress damages primarily in cases of workplace harassment because such situations often involve severe and intentional misconduct that can lead to significant psychological harm. Workplace harassment includes a range of behaviors, such as bullying, discrimination, or creating a hostile work environment. The emotional distress resulting from these experiences can be profound, leading individuals to suffer anxiety, depression, or other mental health issues. Legal precedents generally support claims for emotional distress when there is evidence of egregious conduct and a clear connection to the emotional suffering caused by that conduct.

In contrast, scenarios such as a company merger typically do not give rise to emotional distress claims unless there is an element of illegal harassment or discrimination involved. Feeling overwhelmed by a high workload is a common stressor in many workplaces but does not generally meet the threshold for emotional distress damages unless it stems from unlawful reasons. Routine management feedback, while potentially uncomfortable, usually does not rise to the level of abuse or misconduct necessary to support a claim for emotional distress.