The courts have set a very high bar for that kind of claim. If the abuse was directed at you because of your gender, age, race, etc., then you have a discrimination claim. Hope this helps.
I agree with Mr. Higgins, what was the genesis of the hostility? It must be related to a protected status. Otherwise, the claim would fall under a workers' compensation claim based on the theory of negligence.
Herbert Tan, Esq.
The Mack Cali Building
One Bridge Plaza North, Suite 275
Fort Lee, New Jersey 07024
305 Broadway, 14th Floor
New York, New York 10007
Member of National Employment Lawyers Association (NELA)
My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.
I agree with Mr. Higgins. This claim, sometimes also referred to as the tort of "outrage," is exceedingly difficult to win. Alternatively, you might consider "negligent infliction of emotional distress" along with the appropriate discrimination claim if one is implicated. These are issues that should be assessed by an employment law attorney. I urge you to consult with a lawyer as soon as possible; he or she will be able to better advise you after learning more about the salient facts. Good luck to you.
This does not constitute legal advice. You should consult an attorney who can assess the facts of your case and discuss your legal rights and obligations.
I do not feel that you are going to get a full or fair answer to this in an e-mail setting like this. Employment litigation is very fact specific and I feel you may have missed a few things in your description. You may actually have a legal claim here and you would do well to take advantage of either free or low cost initial consult with a lawyer to help properly identify all the issues. Make a timeline of what happened. Identify the actors and their position titles. If you have an employment manual bring that with you - when you go to see an attorney...which is something I believe you really should do. In my office I generally offer one hour consults at $100 to try to help people in your position identify issues.