When a pharmacist sued for unpaid overtime, he also added an "emotional distress" claim, saying the company's failure to pay overtime caused him to resign. The court didn't buy it, saying the threshold to prove emotional distress is based on the employer's conduct during the firing. That conduct must be "humiliating, extreme or outrageous." The court also chastised the plaintiff for waiting more than five years to take action on his overtime concerns. Bottom line: Employee claims of infliction of emotional distress are real and fairly frequent, but courts will enforce a very high threshold to prove them. (Walsh v. Walgreen Eastern Co. Inc., No. 3:03CV1609, D. Conn., 2004)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Beware bigger penalties for wage-and-hour claims under N.J. whistle-blower law
- Certain you had a good reason for firing? Don't agonize over decision--or fear a bias suit
- What are the basics of retaliation liability?
- Hyundai Ideal Electric faces pay bias suit