workplace harassment lawyers prove emotional distress claims
Workplace harassment, discrimination and bullying can lead to severe emotional distress. A victim may suffer from a myriad of symptoms including anxiety, depression and constant fear of what might happen next. A successful claim for emotional distress will require a lawyer to prove that the company’s actions caused an unreasonably extreme amount of anguish. To do this, employment lawyers use a variety of strategies and evidence to help substantiate the allegations.
The first step is gathering documentation and testimony that clearly demonstrates that an employee was distressed by the company’s actions. This might include documents from medical professionals like therapists and psychiatrists. It could also include testimonies from people who witnessed the distressing incidents and how the victim’s life was negatively affected by the egregious behaviour.
An workplace harassment lawyer must be able to provide evidence that the company’s behaviour was so extreme or outrageous that it would cause severe emotional distress in any ordinary person. This is known as “intentional infliction of emotional distress” (IIED) and is a high standard for an employer to meet. However, it can be difficult to determine in some cases whether a company’s actions meet this threshold.
How do workplace harassment lawyers prove emotional distress claims?
For example, a manager might deliberately harass a group of employees who are racialized and speak English as a second language. This behaviour might be documented by employees in the form of emails and other records. However, if the manager is later fired for allegedly discriminating against her employees and no one steps in to investigate or correct the situation, it might be difficult to show that the company was aware of this pattern of inappropriate treatment.
Similarly, an employer might ignore complaints about a coworker’s harassing behaviour or retaliate against an employee after reporting discrimination and workplace harassment Ontario to the company. This type of behavior can be a violation of the Ontario Human Rights Code and cause severe emotional distress.
In order to prove this, an employment lawyer might ask the victim to visit a medical professional to obtain a diagnosis and evidence of the physical and psychological effects of the distressing incidents. They might also collect evidence such as records of the frequency of the distressing events and how these incidents impacted the victim’s daily life.
It’s also possible that an employer might retaliate against an employee who has complained about discrimination or harassment and this can cause severe emotional distress. A claim of retaliation could be the basis for a wrongful dismissal lawsuit and a compensation award.
While it is common for employers to avoid taking responsibility for workplace issues, a skilled employment law firm can fight for an employee’s rights. An experienced lawyer will be able to gather the evidence needed to prove that an employee was severely distressed by a company’s actions and that this distress was causally linked to the discrimination or harassment. A successful IIED claim will be critical to an employee’s ability to receive the full compensation they are entitled to.