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Can you sue your employer for stress and anxiety?

Feeling constantly stressed out and anxious at work is an all too common experience for many employees. When work stress becomes excessive and leads to physical or mental health problems, some employees may start to consider the option of suing their employer. But is suing your boss or company for causing emotional distress something that can realistically be pursued?

What does the law say about workplace stress?

When it comes to experiencing stress at work, the law treats it differently than physical workplace injuries. If an employee is injured on the job due to unsafe working conditions or hazards, the employer can typically be held legally responsible through a workers’ compensation claim. But when it comes to stress and anxiety, the law does not provide the same clear avenues for holding an employer accountable.

That does not mean it is impossible to sue over work-related mental distress. An employee may potentially have a case if the circumstances are considered extreme enough. Some key factors include:

  • The mental distress is diagnosed by a doctor as a psychological disorder or illness
  • The employer’s conduct was clearly extreme and intentional
  • The mental distress caused tangible harm like hospitalization or inability to work

Some examples of situations where a mental distress claim could have merit include:

  • Extreme verbal abuse or harassment from a boss or coworker
  • Being intentionally placed in a dangerous situation that causes trauma
  • Being subjected to violence or threats of violence

Just feeling sad, stressed, or anxious at work would typically not meet the criteria to sue. The conduct involved has to be highly inappropriate and reckless to the point that a reasonable person should have known it could cause harm.

What claims can potentially be made?

There are a few types of civil claims that could come into play if an employee chooses to sue an employer over stress and anxiety:

Intentional infliction of emotional distress

Also referred to as IIED, this claim asserts that someone’s extreme and outrageous conduct intentionally or recklessly caused severe emotional trauma. To be successful with this claim, an employee would need to prove:

  • The employer’s conduct was truly extreme and went beyond all bounds of decency
  • The employer intended to cause emotional distress or acted recklessly without concern for the consequences
  • The employee suffered severe emotional distress as a result of the employer’s actions

Negligent infliction of emotional distress

With this claim, the employee asserts the employer behaved negligently in a way that caused mental suffering. This does not require intent or extreme/outrageous conduct like IIED claims. But the mental distress suffered must typically have also resulted in observable physical harm or illness.

Constructive discharge

Constructive discharge refers to when working conditions become so intolerable that any reasonable person would feel compelled to quit. If an employee resigns for this reason, they may sue the employer for constructive discharge. This does not strictly involve emotional distress, but often goes hand-in-hand with mental health impact.

ADA discrimination

Under the Americans with Disabilities Act (ADA), employees with mental illnesses that impact major life activities have workplace rights. If an employer fails to accommodate a mental health condition or takes discriminatory action, an ADA suit may be possible.

FMLA interference

The Family Medical Leave Act provides job protection for employees with serious medical conditions requiring leave time. Denying or interfering with an employee’s FMLA rights in relation to a mental health issue could provide grounds for legal action.

What damages can be recovered?

Examples of the types of compensation that may be sought include:

  • Lost wages
  • Loss of future earnings
  • Medical expenses
  • Cost of psychological counseling or therapy
  • Reimbursement for any employment benefits lost
  • Pain and suffering damages

Punitive damages may also be awarded in cases where the employer’s behavior was found to be especially egregious or reckless. The total value of damages can vary substantially based on the specific circumstances.

What are some key obstacles to suing?

While suing an employer for emotional distress is possible in extreme situations, there are some tough obstacles to overcome:

  • High legal standard of proof – Meeting the thresholds for intentional infliction of emotional distress or constructive discharge claims is difficult, as the conduct involved typically needs to be outrageous.
  • Causation doubts – Establishing the employer’s actions directly caused the mental health condition, rather than other factors playing a role, can be challenging.
  • Pre-existing conditions – If an employee had mental health issues prior to the incidents at work, it weakens the link between the employer’s behavior and the claimed distress.
  • Workers’ compensation bar – In some states, employees may be restricted to only filing a workers’ comp claim for job-related emotional distress.

Proving an employer is legally liable for stress or anxiety-related disorders usually comes down to showing highly inappropriate conduct that went well beyond normal work expectations.

What steps should you take before suing?

It is important employees do not rush into suing an employer for causing emotional distress. Lawsuits should typically be a last resort after other avenues have failed. Important steps to take first include:

  • Report the issues to HR and give internal protocols a chance
  • Consult with a mental health professional to document the conditions
  • Get any needed medical treatment or counseling
  • Consult with an attorney experienced in employment law
  • Request reasonable accommodation if qualified under ADA

An employment litigation attorney can assess the merits of a potential case and discuss what evidence would be needed. Many attorneys offer free initial consultations. Trying to resolve things internally often makes the most sense before considering going to court.

Key Takeaways

  • Employees generally cannot sue just because work causes them ordinary stress or anxiety
  • Lawsuits may be possible in extreme cases involving intolerable harassment, abuse, or other reckless conduct causing diagnosable illness
  • Claims like intentional infliction of emotional distress set a high bar for outrageous employer behavior
  • Tangible harm like hospitalization or constructive discharge is typically required
  • Damages can include lost income, medical costs, pain and suffering, and more
  • Proving the employer directly caused the mental distress and is legally liable is challenging

The Bottom Line

Suing an employer for stress or anxiety-related disorders is an uphill legal battle in most cases. While not impossible, the conduct involved typically needs to be egregious enough that a reasonable person would clearly expect it to cause mental anguish. Employees should consult with an attorney to evaluate their options. But lawsuits should generally be a last resort and other attempts made to resolve issues internally first whenever feasible.