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  1. #1

    Default Intentional Infliction of Emotional Distress

    My question involves an injury that occurred in the state of: Texas

    I am trying to see if I have grounds for Intentional Infliction of Emotional Distress. I have been working for a company since Oct 2010. In August of 2011 I received a promotion and I was working in that position while my new manager was dealing with chemo. He would always tell me how much I reminded him of his wife and that things I did reminded him of his wife. In January of 2012 his wife filed for divorce and cut most contact with him. Next thing I know, things that I would have been us discussing normally would turn into him yelling at me telling me that I am stupid and just blow up in to him yelling at me. I had started to talk with his manager telling him that I had worked really hard to keep my bipolar in check for the past two years and I was afraid that my manager (knowing that he was going through a lot) was going to cause me to start having issues again. I asked for a temporary transfer so that I could still learn the basics of my new position. My manager had been out of the store so much during the first months of my new rold I really didnt get much training. They said that this was impossible, that they could not transfer me due to issue that I am having with another employee. They left me languishing with my manager who yelled at me every day that I worked with him. He even punched a computer screen and pounded his fists on a desk and computer trackpad at one point We had meetings on a weekly basis that focused on my lack of composure. I never lost composure with customers, only during these meetings and interactions with that manager. That manager left in October of 2012. I have still had weekly to every other week meetings with management at the store talking about my composure. They would tell me things like "if we had to go back to when we hired to and do it again, things would be different" and " I have no confidence in your ability to fulfill your role". I had a meeting with them on May 28 where they asked me to give them my triggers, and one of the managers in that meeting said that they would put me in those situations to test me to see if I was making progress. When I got home I wished I was dead. I went in to work the next day and had a panic attack as soon as I arrived. I left work right after that and when to my psychiatrist's office and we decided I needed to go back to outpatient therapy. I was out for almost a mont. I went back to work with the restriction that I would only work for four hours a day five days a week. One day short of one week back I was pulled out of the store and asked to recount the meeting that we had before I left. I immediately started having a panic attack and was trying to calm down. I told the manager that it was not a good time for us to discuss this and that if they had given me notice that they were going to talk to me about this it would have been better to tell me in advance that it was going to happen or to have waited a week longer. The district manager (who had been involved in the meeting on May 28 and many of the previous meetings, including when every thing had started) continued to plow through the meeting. I had a panic attack that started at the at beginning of the meeting that was taking over. I feel like my job is harassing me. They know that I have bipolar and anxiety issues and the anxiety issue shows all the symptoms of PTSD. I want to know if IIED is something that I can pursue.

  2. #2
    Join Date
    Apr 2009
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    Default Re: Intentional Infliction of Emotional Distress

    Quote Quoting manda.iphone
    View Post
    My question involves an injury that occurred in the state of: Texas

    I am trying to see if I have grounds for Intentional Infliction of Emotional Distress. I have been working for a company since Oct 2010. In August of 2011 I received a promotion and I was working in that position while my new manager was dealing with chemo. He would always tell me how much I reminded him of his wife and that things I did reminded him of his wife. In January of 2012 his wife filed for divorce and cut most contact with him. Next thing I know, things that I would have been us discussing normally would turn into him yelling at me telling me that I am stupid and just blow up in to him yelling at me. I had started to talk with his manager telling him that I had worked really hard to keep my bipolar in check for the past two years and I was afraid that my manager (knowing that he was going through a lot) was going to cause me to start having issues again. I asked for a temporary transfer so that I could still learn the basics of my new position. My manager had been out of the store so much during the first months of my new rold I really didnt get much training. They said that this was impossible, that they could not transfer me due to issue that I am having with another employee. They left me languishing with my manager who yelled at me every day that I worked with him. He even punched a computer screen and pounded his fists on a desk and computer trackpad at one point We had meetings on a weekly basis that focused on my lack of composure. I never lost composure with customers, only during these meetings and interactions with that manager. That manager left in October of 2012. I have still had weekly to every other week meetings with management at the store talking about my composure. They would tell me things like "if we had to go back to when we hired to and do it again, things would be different" and " I have no confidence in your ability to fulfill your role". I had a meeting with them on May 28 where they asked me to give them my triggers, and one of the managers in that meeting said that they would put me in those situations to test me to see if I was making progress. When I got home I wished I was dead. I went in to work the next day and had a panic attack as soon as I arrived. I left work right after that and when to my psychiatrist's office and we decided I needed to go back to outpatient therapy. I was out for almost a mont. I went back to work with the restriction that I would only work for four hours a day five days a week. One day short of one week back I was pulled out of the store and asked to recount the meeting that we had before I left. I immediately started having a panic attack and was trying to calm down. I told the manager that it was not a good time for us to discuss this and that if they had given me notice that they were going to talk to me about this it would have been better to tell me in advance that it was going to happen or to have waited a week longer. The district manager (who had been involved in the meeting on May 28 and many of the previous meetings, including when every thing had started) continued to plow through the meeting. I had a panic attack that started at the at beginning of the meeting that was taking over. I feel like my job is harassing me. They know that I have bipolar and anxiety issues and the anxiety issue shows all the symptoms of PTSD. I want to know if IIED is something that I can pursue.
    Yes, I suggest you pursue these issues with your therapist. I don't however see any legal cause of action against your employer.

  3. #3

    Default Re: Intentional Infliction of Emotional Distress

    So having a boss that told you that you would get fired for not doing something that he said even if it was against company policy. And who once told you that you should go off your bipolar medication so that you would get better like he did. These are things that my manager used to say to me. I spoke up to management about that and still they did nothing. That to me seems that it was infliction of emotional distress. I never had panic attacks at the frequency that I have them now. Before January 2012 I had two panic attacks in my life.

  4. #4
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    Inland Empire
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    Default Re: Intentional Infliction of Emotional Distress

    Quote Quoting manda.iphone
    View Post
    So having a boss that told you that you would get fired for not doing something that he said even if it was against company policy. And who once told you that you should go off your bipolar medication so that you would get better like he did. These are things that my manager used to say to me. I spoke up to management about that and still they did nothing. That to me seems that it was infliction of emotional distress. I never had panic attacks at the frequency that I have them now. Before January 2012 I had two panic attacks in my life.
    By your own word you have been quite unstable at work. It looks to me like the emotion distress was just as much your fault as anyone else's. But hey, take your emotional self to an attorney, be ready to pay them a ton of money up front and not get anything in return.

    You did not hit the law-suit lotto here.

  5. #5

    Default Re: Intentional Infliction of Emotional Distress

    I was stable before the incidents with my manager. I had worked hard to become so. I took my meds and went to my therapy appointments. I did everything that I was supposed to do. My bipolar was managed long before I got the job in October of 2010. You must be a wonderful attorney to be able to judge all of this. I came here looking for help. I didn't come here to have you call me unstable. You don't know me. You read into this what you wanted to.

  6. #6
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    Jan 2008
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    Toledo, OH
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    Default Re: Intentional Infliction of Emotional Distress

    Read here.

    From where I sit, your boss was a run of the mill jackass, his conduct did not rise to "extreme and outrageous".

  7. #7

    Default Re: Intentional Infliction of Emotional Distress

    "In addition, ordinary insults or actions can constitute extreme and outrageous behavior if the actor knows that the victim is particularly susceptible to emotional distress because of some physical or mental condition or abnormality. For example, if Adam knows that Barbara is intensely claustrophobic and intentionally locks her in a closet to scare her, she could possibly recover for intentional infliction of emotional distress." - See more at: http://injury.findlaw.com/torts-and-....ybk7uQV5.dpuf

  8. #8
    Join Date
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    17,019

    Default Re: Intentional Infliction of Emotional Distress

    You are trying to create a cause of action where it does not exist. Good Luck with that. The company appears to have bent over backwards to be reasonable and accommodating based on your story. You still could not handle the job.

  9. #9
    Join Date
    Jan 2008
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    Toledo, OH
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    Default Re: Intentional Infliction of Emotional Distress

    You clearly only want to hear what you want to hear, instead of legally accurate information. And that's fine, but now it's time for you to PAY someone to give you the answers we've already given you.

    Nothing your boss did was illegal. Jerky, yes. Deliberately seeking to cause you mental harm, no. Sometimes, people are just asshats, and that's not illegal. But seriously, go see an attorney now instead of continuing to stomp your feet here. Our answers are not going to change.

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