Let's assume an employer who, for everyday that that the employee was present in the office (before COVID caused the employee to work remotely), the employer would berate, yell, and scream at the employee and call him names like dumb, stupid, retarded, mentally slow, etc.. He would see that the employee fans himself, drinks water, clutches at his heart, etc., out of the turmoil, and he'd been asked to not yell at him or call him such things, yet he would continue to do it thereafter, up through the COVID lockdown happened, after which they haven't seen each other in person since.
If the employee feels fear and anxiety and potentially PTSD over this issue, would an IIED claim in state court be warranted? I understand that a workers compensation claim could be filed, but is there a preemption? Thank you.
I'm sorry you have been subjected to this horrible treatment.
If you have psychiatric disability from the experience you could contact any of the Workers Compensation attorneys at this site for a free consultation to look into filing an industrial injury claim. You can also speak with an Employment Law attorney regarding a claim regarding the hostile work environment.
All the best.
Any responses contain general...
No one should have to face an abusive boss every day. Hopefully you have documented the abuse either with witnesses or video or audio taping because proof is paramount in a psyche claim. I agree that you should consult with an attorney immediately because psyche claims can be a bit tricky. I also think you should speak with an employment attorney as you may have a claim under FEHA. Good luck to you
Is a Tort claim 'preempted' by the Labor Code? Almost always YES. Workers Comp has been ruled the "Exclusive REmedy" for harm and injuries suffered on the job. You have to show that the boss stepped out of their roll and boss and became something entirely different to be permitted to go forward in Civil Court with a civil wrong such as Intentional Infliction of Emotional Distress. in 31 years, I've only tried twice and both times the civil court then the Court of Appeal kicked us out, saying what we had was the Exclusive Jurisdiction of the Workers Compensation Appeals Board (co-worker repeated over and over he would return with a gun and start killing if he was fired, and the day he was fired he said he was coming back with his gun, and the Campus refused to call the police about this terrorist threat, and he killed my client...THAT was held to be an on-the-job injury, so I'm thinking your boss tormenting you would as well). And psych claims are nearly always denied and incredibly difficult to prove, so you'll have to work really hard at finding counsel wanting to take this, so keep trying.
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