When can emotional distress claims arise in an employment context?

Emotional distress claims in an employment context can arise when layoffs are communicated poorly. This situation often involves the manner and tone in which the layoff is announced, as well as the emotional impact it has on the affected employees. Poor communication can lead to feelings of humiliation, anxiety, and distress, particularly if employees feel blindsided or devalued by the process.

When layoffs are handled insensitively—such as through abrupt notifications without adequate explanations, lack of support, or disregard for employees' feelings—these circumstances can lead to claims of emotional distress, both for the psychological toll it takes on employees and for the legal implications surrounding wrongful termination or failure to provide sufficient notice.

Other situations, such as mandatory performance reviews, workplace changes, and interpersonal conflicts, may also lead to stress and dissatisfaction but do not typically fit the specific criteria necessary for emotional distress claims. The key aspect of successful emotional distress claims is the intentional or negligent infliction of emotional distress, which is far more likely to occur in the context of poorly managed layoffs.