Emotional Distress Attorneys for Los Angeles, Kern, Orange, Riverside, San Bernardino, and Ventura Counties
What is Emotional Distress?
Emotional distress is a type of mental suffering or anguish induced by an incident of either negligence or through intent. The person experiencing emotional distress often feels a high level of sorrow, anxiety, depression, or trauma as a result.
It’s important to note that emotional distress can have significant impacts on a person’s quality of life, affecting their ability to perform daily tasks, maintain relationships, or enjoy life. In some cases, if the cause of distress is due to the intentional or negligent actions of another person, it may be possible to seek legal damages for emotional distress.
Emotional Distress and the Workplace
Emotional distress in the workplace can be caused by various circumstances or behaviors. Here are some common types:
- Workplace Discrimination: This includes unfair treatment based on race, gender, age, religion, nationality, disability, or any other protected characteristic. It can lead to emotional distress as employees may feel alienated, marginalized, or undervalued.
- Harassment: This could involve offensive jokes, slurs, name-calling, physical assaults, threats, intimidation, ridicule, insults, offensive pictures, or more. Harassment can cause severe emotional distress and create a hostile work environment.
- Negative Coworker Relationships: Poor relationships with coworkers can cause emotional distress. This could be due to workplace bullying, lack of support, or conflicts and arguments.
- Fear of Losing Job: The fear of being laid off or fired can cause significant emotional distress, contributing to feelings of insecurity and anxiety.
- Overwork and Burnout: Excessive workload, long hours, and lack of work-life balance can lead to burnout, causing emotional distress and related mental health issues like depression and anxiety.
- Negligence: This refers to employers failing to provide a safe working environment, leading to accidents and injuries that can cause emotional distress.
If you are experiencing any form of emotional distress at work due to the illegal conduct of your employer, you may have legal options available to you. The experienced lawyers at Akopyan Law Firm A.P.C. handle emotional distress cases for clients in Los Angeles, Bakersfield, Orange, Riverside, San Bernardino, and Oxnard. The firm stands ready to provide a confidential case evaluation to determine if the employee’s rights were violated.
Employment Lawyers Representing Employees in Cases Involving Emotional Distress
In California a cause of action for intentional infliction of emotional distress exists when there is (1) extreme and outrageous conduct by the defendant with the intention of causing, or reckless disregard of the probability of causing, emotional distress; (2) the plaintiff’s suffering severe or extreme emotional distress; and (3) actual and proximate causation of the emotional distress by the defendant’s outrageous conduct.
A defendant’s conduct is “outrageous” when it is so “extreme as to exceed all bounds of that usually tolerated in a civilized community.” And the defendant’s conduct must be intended to inflict injury or engaged in with the realization that injury will result.
Severe emotional distress is emotional distress of such substantial quantity or enduring quality that no reasonable man in a civilized society should be expected to endure it. The law limits claims of intentional infliction of emotional distress to egregious conduct toward plaintiff proximately caused by defendant. The only exception to this rule is that recognized when the defendant is aware, but acts with reckless disregard of, the plaintiff and the probability that his or her conduct will cause severe emotional distress to that plaintiff.
Where reckless disregard of the plaintiff’s interests is the theory of recovery, the presence of the plaintiff at the time the outrageous conduct occurs is recognized as the element establishing a higher degree of culpability which, in turn, justifies recovery of greater damages by a broader group of plaintiffs than allowed on a negligent infliction of emotional distress theory.
Remember, if you’re experiencing emotional distress at work, it’s important to seek legal counsel to understand your rights and potential remedies.
Compassionate Legal Representation When You Need It Most
Akopyan Law Firm A.P.C. provides legal assistance to employees who have suffered emotional distress due to their employers. We serve clients in Los Angeles, Orange, Riverside, San Bernardino, Ventura and the surrounding areas.
We are widely recognized as one of the top employment law firms in Southern California, since we provide aggressive representation for employees experiencing extreme emotional distress because of their employers. The attorneys at Akopyan Law Firm A.P.C. have a broad spectrum of experience in handling matters related to employment law for employees in Los Angeles. One notable achievement of Akopyan Law Firm A.P.C. was a jury verdict of $6,131,204.
Employees in Southern California that are experiencing emotional distress at work should contact Akopyan Law Firm A.P.C. We offer complimentary consultations and may provide services on a contingency fee basis.
Call today to speak directly with a lawyer for representation in emotional distress cases in Los Angeles, Bakersfield, Oxnard, Orange, Riverside, and San Bernardino.
Questions Frequently Asked of Emotional Distress Attorneys for Los Angeles, Kern Orange, Riverside, San Bernardino, and Ventura Counties
My employer fired me out of the blue without any cause and now I am experiencing extreme emotional distress because I am out of work. Can I sue my employer for my emotional distress?
It depends on your circumstances. Generally, a termination, as terrible as it is, is not by itself “outrageous” conduct, even if it was done without good cause or in an insensitive manner. However, if you were wrongfully terminated because of your protected characteristic or category, such as because of your age, sex, or disability, then the emotional distress you suffer is also actionable. Every situation varies, so contact our employment law attorneys in Los Angeles to discuss your case during a complimentary case evaluation.
My manager sexually assaulted me, and I am now suffering extreme emotional distress. Do I have rights?
Yes. Under this circumstance, you may have criminal and civil claims against your manager and potentially even your employer. Any violation of California penal law is by its terms an “outrageous” act that would permit a lawsuit against your employer and manager for intentional and/or negligent infliction of emotional distress among other things, such as sexual assault, battery, or discrimination.
While my supervisor was firing me from my job, he made racially derogatory comments to me in front of my co-workers. Do I have any rights?
Yes, you may have different claims against your supervisor and also your employer for racial discrimination, wrongful termination, and intentional infliction of emotional distress since the conduct is extreme and outrageous and goes beyond the bounds of decent behavior.
My supervisor does not like me and always picks on me, criticizing all of my work and micro-managing me. Can I sue her for causing me emotional distress?
It depends on the circumstances. Generally, discipline and criticism are considered a normal part of the employment relationship and therefore do not constitute “outrageous” conduct even if they are intentional and malicious. However, if your supervisor is treating you differently and picking on you because of a protected characteristic or category, for example, because of your age, sex, disability, or because you are a whistleblower, then you may have rights and various legal claims, such as retaliation, discrimination, or intentional or negligent infliction of emotional distress. The employment law attorneys in Los Angeles at Akopyan Law Firm A.P.C. can represent you if this is the case.
Featured Emotional Distress Case
Delfino v. Agilent Techs., Inc., 145 Cal. App. 4th 790, 52 Cal. Rptr. 3d 376 (2006)
Recipients of threats sent over the Internet in e-mail messages and postings on bulletin boards, brought a lawsuit for intentional and negligent infliction of emotional distress action against the transmitter of the threats and his former employer, whose computer system transmitter used. The Superior Court granted the employer summary judgment. The Court of Appeal’s opinion included the following discussion regarding emotional distress claims: To establish an intentional infliction claim, the plaintiff must show (1) extreme and outrageous conduct by the defendant with the intention of causing, or reckless disregard of the probability of causing, emotional distress; (2) the plaintiff’s suffering severe or extreme emotional distress; and (3) actual and proximate causation of the emotional distress by the defendant’s outrageous conduct. (Christensen v. Superior Court (1991) 54 Cal.3d 868, 903, 2 Cal.Rptr.2d 79, 820 P.2d 181.) Conduct to be outrageous must be so extreme as to exceed all bounds of that usually tolerated in a civilized community.” (Davidson v. City of Westminster (1982) 32 Cal.3d 197, 209, 185 Cal.Rptr. 252, 649 P.2d 894.)
It is established that “[o]rdinarily mere insulting language, without more, does not constitute outrageous conduct.” (Cole v. Fair Oaks Fire Protection Dist. (1987) 43 Cal.3d 148, 155, fn. 7, 233 Cal.Rptr. 308, 729 P.2d 743.) Liability based upon an intentional infliction claim “ ‘does not extend to mere insults, indignities, threats, annoyances, petty oppressions, or other trivialities.’ (Rest.2d Torts, § 46, com. d.)” (Molko v. Holy Spirit Assn. (1988) 46 Cal.3d 1092, 1122, 252 Cal.Rptr. 122, 762 P.2d 46, overruled on another ground in Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 854, fn. 19, 107 Cal.Rptr.2d 841, 24 P.3d 493; see also Fisher v. San Pedro Peninsula Hospital (1989) 214 Cal.App.3d 590, 617, 262 Cal.Rptr. 842.) But under the circumstances here, Moore’s repeated threats of physical harm directed to plaintiffs, stated in graphic terms, were sufficient acts of extreme and outrageous conduct with intent to cause emotional distress. (See, e.g., KOVR–TV, Inc. v. Superior Court (1995) 31 Cal.App.4th 1023, 1028–1031, 37 Cal.Rptr.2d 431 [news reporter’s interview of preteen children, including advising them of murder of children’s two playmates by playmates’ mother and her subsequent suicide, sufficient for finding of outrageous conduct to defeat summary judgment]; Kiseskey v. Carpenters’ Trust for So. California (1983) 144 Cal.App.3d 222, 229–230, 192 Cal.Rptr. 492 [threats of personal harm, death, and harm to family if the plaintiff did not sign union agreement constituted outrageous conduct]; but see Cochran v. Cochran (1998) 65 Cal.App.4th 488, 494–499, 76 Cal.Rptr.2d 540 [single telephone message referring to recent sensational airline crash that the plaintiffs interpreted as death threat not outrageous conduct].) Indeed, our Supreme Court has recognized, as a theoretical proposition, that an injurious e-mail communication may give rise to an intentional infliction claim. (Intel Corp. v. Hamidi (2003) 30 Cal.4th 1342, 1347, 1 Cal.Rptr.3d 32, 71 P.3d 296.)
Contact Us When You Need an Employment Law Attorney for Los Angeles, Bakersfield, Orange, Riverside, San Bernardino, and Ventura
Call us today at (818) 509-9975 or contact us online to schedule a complimentary case evaluation. We have extensive experience in all aspects of employment law, including emotional distress cases.
Areas Served
The litigation and trial attorneys of the Akopyan Law Firm, A.P.C. provide services throughout Southern California including but not limited to Adelanto, Agoura Hills, Alhambra, Aliso Viejo, Altadena, Anaheim, Apple Valley, Arcadia, Arleta, Atwater Village, Azuza, Bakersfield, Baldwin Park, Banning, Beaumont, Bell, Bell Gardens, Bellflower, Beverly Hills, Blythe, Boyle Heights, Brea, Brentwood, Buena Park, Burbank, Calabasas, Calimesa, Camarillo, Canoga Park, Canyon Lake, Carson, Cathedral City, Cerritos, Chatsworth, Chino Hills, Chino, Claremont, Coachella, Colton, Compton, Costa Mesa, Corona, Covina, Culver City, Cypress, Dana Point, Desert Hot Springs, Diamond Bar, Downey, Duarte, Eagle Rock, East Hollywood, East Los Angeles, Eastvale, Echo Park, El Monte, El Segundo, El Sereno, Encino, Fontana, Fountain Valley, Fullerton, Gardena, Garden Grove, Glassell Park, Glendale, Glendora, Granada Hills, Hacienda Heights, Hawthorne, Hemet, Hesperia, Highland Park, Highland, Hollywood, Hollywood Hills, Huntington Beach, Huntington Park, Indian Wells, Indio, Inglewood, Irvine, Jurupa Valley, La Canada Flintridge, La-Crescenta Montrose, La Habra, La Mirada, La Palma, La Puente, La Quinta, La Verne, Laguna Beach, Laguna Hills, Laguna Niguel, Laguna Woods, Lakewood, Lake Balboa, Lake Elsinore, Lake Forest, Lancaster, Lawndale, Lincoln Heights, Loma Linda, Long Beach, Los Alamitos, Los Angeles, Los Feliz, Lynwood, Manhattan Beach, Mar Vista, Maywood, Menifee, Mission Hills, Mission Viejo, Monrovia, Montclair, Montebello, Monterey Park, Moorpark, Moreno Valley, Murrieta, Newbury Park, Newhall, Newport Beach, Norco, North Hills, North Hollywood, Northridge, Norwalk, Ontario, Orange, Oxnard, Pacific Palisades, Pacoima, Palos Verdes, Palmdale, Palm Desert, Palm Springs, Panorama City, Paramount, Pasadena, Perris, Pico Rivera, Placentia, Pomona, Porter Ranch, Rancho Cucamonga, Rancho Mirage, Rancho Santa Margarita, Redondo Beach, Reseda, Rialto, Riverside, Rosemead, Rowland Heights, San Bernardino, San Clemente, San Dimas, San Gabriel, San Fernando, San Jacinto, San Juan Capistrano, San Pedro, Santa Ana, Santa Clarita, Santa Monica, Sawtelle, Seal Beach, Shadow Hills, Sherman Oaks, Silver Lake, Simi Valley, South El Monte, South Gate, South Pasadena, South Whittier, Stanton, Studio City, Sun Valley, Sunland, Sylmar, Tarzana, Temecula, Temple City, Thousand Oaks, Toluca Lake, Torrance, Tujunga, Tustin, Twentynine Palms, Upland, Valencia, Valley Glen, Valley Village, Van Nuys, Ventura, Victorville, Walnut, West Covina, West Hills, West Hollywood, West Puente Valley, Westchester, Westminster, Westwood, Whittier, Wildomar, Winnetka, Woodland Hills, Yorba Linda