Ohio law allows individuals to sue for intentional infliction of emotional distress, including cases that arise from work-related incidents. Fortunately for employers, uncaring or insensitive incidents don’t qualify. The circumstances must be truly outrageous.
Recent case: Connie Cheadle claimed her employer illegally fired her after she requestedfor her husband’s serious health condition. She sued under the and Ohio state law. Her lawsuit included one state law claim of intentional infliction of emotional distress.
Cheadle argued that the decision to terminate her while her husband was ill was extreme and outrageous conduct. That’s the standard for intentional infliction of emotional distress.
The court said that to win, she had to show that the conduct was so extreme or outrageous as “to be intolerable in a civilized community.” Nothing she described was quite that bad. She couldn’t provide any detailed account of the firing showing outrageousness.
The court dismissed her claim. (Cheadle v. Genco I, No. 2:11-CV-566, SD OH, 2011)
Final note: Treat everyone with dignity. That means never disciplining someone in front of co-workers, or openly accusing someone of theft. Always carry outin a private setting.
In other words, don’t do anything you would be embarrassed to have your mother read in the paper. If you follow that rule, chances are you will never lose an emotional-distress case.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Can we require employees to provide advance notice that they will need FMLA leave?
- Does the FMLA apply when an employee has to care for a child she isn't related to?
- Get all facts straight before deciding to discharge
- If fear is a factor, fire threatening employee