If you have been wrongfully terminated, you may be able to sue for emotional distress damages. Wrongful termination is the illegal firing of an employee because of discrimination against them because they applied lawfully for workers’ compensation or leave through the Family and Medical Leave program, or because they exposed wrongful activity by the employer or acted as a whistleblower in any way.
If you believe you have been wrongfully terminated and have suffered emotional distress because of the experience, you may be able to make a complaint of wrongful discharge and file a claim for compensation.
What is Emotional Distress
Emotional distress can take many forms. It is also called mental anguish and may be an ongoing form of mental pain and suffering caused by harassment or intimidation which was experienced in the period of employment before the actual firing. Emotional distress is often more difficult to recognize than physical injuries, but is no less real. Emotional distress can have a severe effect on the person’s ability to cope with everyday life, communicate, and relate to friends and family and can have a long-term effect on the ability to hold another job.
Types of Emotional Distress
Emotional distress can be categorized due to the severity and effects it has on mental health. The main categories of emotional distress are:
- Minor, i.e. no serious long-term medical effects on the employee despite feeling hurt, anxious because of losing a job;
- Significant, i.e. the emotional distress experienced was more severe and affects the mental health of the fired employee, requiring attention by a doctor or psychiatrist and medication to alleviate symptoms;
- Egregious, i.e. distress caused by deliberate behavior within the workplace environment, such as targeted intimidation and harassment in the workplace leaving long-term mental health symptoms.
How to Prove Emotional Distress
Proving emotional distress due to wrongful termination can be more difficult than proving that you were wrongfully terminated. It is important to obtain evidence not just that you were wrongfully terminated, but that this caused you significant emotional distress. Evidence that you have suffered emotional distress because of wrongful termination could include any combination of the following:
- diagnosis and testimony from a doctor and/or psychiatrist;
- evidence of medical treatment for emotional distress, e.g. medication for anxiety, depression, diagnosis of PTSD, etc.;
- testimony from co-workers supporting your claim that you suffered emotional distress because of the treatment you received and the termination of your employment;
- evidence in the form of correspondence or other communication revealing your suffering and emotional distress linked to the termination of your employment.
Contact an Employment Attorney
An employment law attorney can help gather evidence and build your case. The attorney can assess the circumstances of your employment termination and what you believe caused it and discuss with you your legal options. In most states, you will need to file a complaint with a state or federal government agency such as the Equal Employment Opportunities Commission (EEOC). The agency you deal with depends on the size of your workplace and the exact reason why you believe you were wrongfully terminated. You would normally be given permission to sue your employer with the help of your attorney if the government agency was not able to resolve your complaint.
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