Comments on: The Abusive Boss Who Got Sued For “Negligent Infliction of Emotional Distress” http://www.undercoverlawyer.com/the-abusive-boss-who-got-sued-for-%e2%80%9cnegligent-infliction-of-emotional-distress%e2%80%9d/ Sat, 04 Feb 2012 08:21:04 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: Work Position An accident to Va Can You Sue Your Employer for Your company’s Stress? | Republish Articles http://www.undercoverlawyer.com/the-abusive-boss-who-got-sued-for-%e2%80%9cnegligent-infliction-of-emotional-distress%e2%80%9d/comment-page-1/#comment-464 Work Position An accident to Va Can You Sue Your Employer for Your company’s Stress? | Republish Articles Sun, 08 Jan 2012 05:23:04 +0000 http://www.undercoverlawyer.com/?p=161#comment-464 [...] For more information please visit reasons to sue your employer [...] [...] For more information please visit reasons to sue your employer [...]

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]]> By: 10 Signs You Work Using the Abusive Bully, Boss Or Co-Worker | CaffeineIndexing.com http://www.undercoverlawyer.com/the-abusive-boss-who-got-sued-for-%e2%80%9cnegligent-infliction-of-emotional-distress%e2%80%9d/comment-page-1/#comment-461 10 Signs You Work Using the Abusive Bully, Boss Or Co-Worker | CaffeineIndexing.com Tue, 03 Jan 2012 14:33:04 +0000 http://www.undercoverlawyer.com/?p=161#comment-461 [...] more information please visit boss harassment Submit a Question [...] [...] more information please visit boss harassment Submit a Question [...]

]]> By: adviceplease http://www.undercoverlawyer.com/the-abusive-boss-who-got-sued-for-%e2%80%9cnegligent-infliction-of-emotional-distress%e2%80%9d/comment-page-1/#comment-394 adviceplease Sat, 29 Oct 2011 18:07:26 +0000 http://www.undercoverlawyer.com/?p=161#comment-394 I'm in NH - Submitted a wrongful term claim, written by the Director of the NHCHR. Wanted to withdraw the claim - stress; you are correct. After three years of fun and bonuses, this guy is hired - I started documenting new bosses "behavior's" within one year of him arriving. No one that has heard 1 - 2 of the things he did can believe it... Let me go after seven years of above average, then average reviews - he had to give me a 10% raise. Has put my family and I thru hell - now in the middle of ch. 11. NH investigator has PUSHED me to file rebuttal; unable to retain counsel, due to the ch. 11; now the trustee is determning whether or not to retain counsel. Prior to the filing, had well respected, specialist in discrimination, wrongful term, hostile environment NH attorney pressing me to prepare hard data so I did. You are right about the stress - my medical records doccument that - you are also right about the absolutely audacious statements AND actions...if they hadn't resulted in harm to my family, they would be laughable. If just me I'd walk away. My family has paid for this guys actions too - and I'll save my feelings on that. A little worrried to be specific...anonymity. Does it matter? I’m in NH – Submitted a wrongful term claim, written by the Director of the NHCHR. Wanted to withdraw the claim – stress; you are correct. After three years of fun and bonuses, this guy is hired – I started documenting new bosses “behavior’s” within one year of him arriving. No one that has heard 1 – 2 of the things he did can believe it… Let me go after seven years of above average, then average reviews – he had to give me a 10% raise. Has put my family and I thru hell – now in the middle of ch. 11. NH investigator has PUSHED me to file rebuttal; unable to retain counsel, due to the ch. 11; now the trustee is determning whether or not to retain counsel. Prior to the filing, had well respected, specialist in discrimination, wrongful term, hostile environment NH attorney pressing me to prepare hard data so I did. You are right about the stress – my medical records doccument that – you are also right about the absolutely audacious statements AND actions…if they hadn’t resulted in harm to my family, they would be laughable. If just me I’d walk away. My family has paid for this guys actions too – and I’ll save my feelings on that. A little worrried to be specific…anonymity. Does it matter?

]]> By: video.nets.gr http://www.undercoverlawyer.com/the-abusive-boss-who-got-sued-for-%e2%80%9cnegligent-infliction-of-emotional-distress%e2%80%9d/comment-page-1/#comment-329 video.nets.gr Wed, 24 Nov 2010 06:55:42 +0000 http://www.undercoverlawyer.com/?p=161#comment-329 <strong>The Abusive Boss Who Got Sued For “Negligent Infliction of Emotional Distress” | UndercoverLawyer...</strong> Gina Strong sued her boss for negligent infliction of emotional distress. Read how she did it, and learn how you can too.... The Abusive Boss Who Got Sued For “Negligent Infliction of Emotional Distress” | UndercoverLawyer…

Gina Strong sued her boss for negligent infliction of emotional distress. Read how she did it, and learn how you can too….

]]> By: 10url.com http://www.undercoverlawyer.com/the-abusive-boss-who-got-sued-for-%e2%80%9cnegligent-infliction-of-emotional-distress%e2%80%9d/comment-page-1/#comment-328 10url.com Wed, 24 Nov 2010 06:34:11 +0000 http://www.undercoverlawyer.com/?p=161#comment-328 <strong>The Abusive Boss Who Got Sued For “Negligent Infliction of Emotional Distress” | UndercoverLawyer...</strong> Gina Strong sued her boss for negligent infliction of emotional distress. Read how she did it, and learn how you can too.... The Abusive Boss Who Got Sued For “Negligent Infliction of Emotional Distress” | UndercoverLawyer…

Gina Strong sued her boss for negligent infliction of emotional distress. Read how she did it, and learn how you can too….

]]> By: pligg.com http://www.undercoverlawyer.com/the-abusive-boss-who-got-sued-for-%e2%80%9cnegligent-infliction-of-emotional-distress%e2%80%9d/comment-page-1/#comment-325 pligg.com Wed, 24 Nov 2010 05:59:16 +0000 http://www.undercoverlawyer.com/?p=161#comment-325 <strong>The Abusive Boss Who Got Sued For “Negligent Infliction of Emotional Distress” | UndercoverLawyer...</strong> Gina Strong sued her boss for negligent infliction of emotional distress. Read how she did it, and learn how you can too.... The Abusive Boss Who Got Sued For “Negligent Infliction of Emotional Distress” | UndercoverLawyer…

Gina Strong sued her boss for negligent infliction of emotional distress. Read how she did it, and learn how you can too….

]]> By: David W. http://www.undercoverlawyer.com/the-abusive-boss-who-got-sued-for-%e2%80%9cnegligent-infliction-of-emotional-distress%e2%80%9d/comment-page-1/#comment-140 David W. Sun, 13 Sep 2009 07:36:45 +0000 http://www.undercoverlawyer.com/?p=161#comment-140 In many states, however, the use of a negligent infliction of emotional distress claim is limited by what's known as the impact rule. This requires that the emotional distress be accompanied by, and flow from, some type of physical contact. Under that standard, verbal & emotional or psychological abuse (the typical workplace bully scenario) wouldn't qualify. Florida is one such state. And a recent case illustrates just how difficult it is to succeed with a claim for the <i>intentional</i> infliction of emotional distress (see <a href="http://www.3dca.flcourts.org/Opinions/3d03-3385.pdf" rel="nofollow">this link</a>). <i>Williams v. Worldwide Flight Services, Inc.</i>, 877 So.2d 869 (Fla. 3d DCA 2004). The court determined that the following actions by a boss towards a black employee (Williams) were NOT sufficient: * Called him a "nigger" and "monkey" in front of him, other employees, and over the work radio; * Repeatedly told him that he did not want his "black ass" there; * Instructed another supervisor to "create a record" of false disciplinary related incidents for Williams so as to justify his subsequent termination; * Did not allow Williams to work with other African-American employees because "niggers will steal if they are left to work together"; * Falsely accused Williams of stealing; * Constantly and persistently threatened Williams with job termination for no apparent reason; * Directed Williams to load and unload aircraft in inclement and dangerous weather conditions, to move dangerous heavy equipment and cargo, and to work extra flights thereby deliberately eliminating his break times. The court found this conduct reprehensible, objectionable, and offensive, but not enough to win a claim of IIED. Of course, if you can show such overt misconduct was based on race, gender, or another protected classification, you might succeed on some other claim such as discrimination under Title 7. In many states, however, the use of a negligent infliction of emotional distress claim is limited by what’s known as the impact rule.

This requires that the emotional distress be accompanied by, and flow from, some type of physical contact. Under that standard, verbal & emotional or psychological abuse (the typical workplace bully scenario) wouldn’t qualify.

Florida is one such state.

And a recent case illustrates just how difficult it is to succeed with a claim for the intentional infliction of emotional distress (see this link). Williams v. Worldwide Flight Services, Inc., 877 So.2d 869 (Fla. 3d DCA 2004).

The court determined that the following actions by a boss towards a black employee (Williams) were NOT sufficient:

* Called him a “nigger” and “monkey” in front of him, other employees, and over the work radio;
* Repeatedly told him that he did not want his “black ass” there;
* Instructed another supervisor to “create a record” of false disciplinary related incidents for Williams so as to justify his subsequent termination;
* Did not allow Williams to work with other African-American employees because “niggers will steal if they are left to work together”;
* Falsely accused Williams of stealing;
* Constantly and persistently threatened Williams with job termination for no apparent reason;
* Directed Williams to load and unload aircraft in inclement and dangerous weather conditions, to move dangerous heavy equipment and cargo, and to work extra flights thereby deliberately eliminating his break times.

The court found this conduct reprehensible, objectionable, and offensive, but not enough to win a claim of IIED.

Of course, if you can show such overt misconduct was based on race, gender, or another protected classification, you might succeed on some other claim such as discrimination under Title 7.

]]> By: nhz http://www.undercoverlawyer.com/the-abusive-boss-who-got-sued-for-%e2%80%9cnegligent-infliction-of-emotional-distress%e2%80%9d/comment-page-1/#comment-111 nhz Thu, 18 Jun 2009 16:42:33 +0000 http://www.undercoverlawyer.com/?p=161#comment-111 I have worked for 6 months at a Dr. clinic owned by him. For 6 months I was harassed both by the manager and the owner. on various occasions the dr. used to pass demeaning comments on my ethnicity, he used to say things like you are too indian and need to get rid of your indianness...Also, i have submitted my Dr. note who had treated me for my back problems, in the note it said clearly that i should not be allowed to carry or lift more than 20 lbs and yet, each week i was forced both by this Dr. and by the abusive manager to transport their scanning maching. i had to bring the machine home and then transport it to his satellite offices. also, there i was made to bring in 500 lb x ray machine from the hospital to his clinic. also, for 3 months i was not assigned or accomodated one place to sit and work where as all the other employees had their own desk excpet me. the manager was very abusive and used to intimidate me by variuos tactics. recently i was fired and it was wrongful termination, the owner said that he is fring me because i had taken 3 sick days in a perioud of 6 months, also one day i had an emergency and i did call the manger and informed her that i will be coming in late. I left two voicemail but she didn't return my calls. The owner also made that in excuse to fire me and said that according to our office policy if you do not hear back from the manager then you should have arrived according to your schedule. Now, i wasn't given any employee handbook and was not aware of this policy so I told him and he yelled back at me and said 'well this is common sense. all the other employees were given paid sick days, and i know that many employees are chronic later comers but no action has been taken against them. i feel that i was discriminated and abused at this place. another thing is that the owner had send me to attend a conference for which he paid the fees. and a week later after that conference was over the manager hands me the contract paper which stated that if for any reason my job is terminated then i have to return all the conference money which is around $1000. I want to ask why this contract was handed to me after i had attended this conference? is it illegal to hand me this conference. i have recently requested an access to my persoannel records and the manger wrote back that i need to pay back that money first. The owner have also not payed my wages for the weekend work i had done and says that he will not as he will deduct that amount from that conference money, i live in michigan and i want to know what are my legal rights. i want to file a case against this Dr. and his abusive manager. please help what should I do. I am very much emotionally traumatized and stressed as a result of this harassment and discrimination. Please, please advice me. I have worked for 6 months at a Dr. clinic owned by him. For 6 months I was harassed both by the manager and the owner. on various occasions the dr. used to pass demeaning comments on my ethnicity, he used to say things like you are too indian and need to get rid of your indianness…Also, i have submitted my Dr. note who had treated me for my back problems, in the note it said clearly that i should not be allowed to carry or lift more than 20 lbs and yet, each week i was forced both by this Dr. and by the abusive manager to transport their scanning maching. i had to bring the machine home and then transport it to his satellite offices. also, there i was made to bring in 500 lb x ray machine from the hospital to his clinic. also, for 3 months i was not assigned or accomodated one place to sit and work where as all the other employees had their own desk excpet me.
the manager was very abusive and used to intimidate me by variuos tactics.
recently i was fired and it was wrongful termination, the owner said that he is fring me because i had taken 3 sick days in a perioud of 6 months, also one day i had an emergency and i did call the manger and informed her that i will be coming in late. I left two voicemail but she didn’t return my calls. The owner also made that in excuse to fire me and said that according to our office policy if you do not hear back from the manager then you should have arrived according to your schedule. Now, i wasn’t given any employee handbook and was not aware of this policy so I told him and he yelled back at me and said ‘well this is common sense.
all the other employees were given paid sick days, and i know that many employees are chronic later comers but no action has been taken against them. i feel that i was discriminated and abused at this place.
another thing is that the owner had send me to attend a conference for which he paid the fees. and a week later after that conference was over the manager hands me the contract paper which stated that if for any reason my job is terminated then i have to return all the conference money which is around $1000.
I want to ask why this contract was handed to me after i had attended this conference? is it illegal to hand me this conference.
i have recently requested an access to my persoannel records and the manger wrote back that i need to pay back that money first. The owner have also not payed my wages for the weekend work i had done and says that he will not as he will deduct that amount from that conference money,

i live in michigan and i want to know what are my legal rights. i want to file a case against this Dr. and his abusive manager. please help what should I do. I am very much emotionally traumatized and stressed as a result of this harassment and discrimination. Please, please advice me.

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