The impact of losing your job cannot be overstated. In the short-term, the financial impact of not having a paycheck will be felt by your family. Medical bills for physical injuries, lost wages, and economic damages are all examples of damages that are tangible and easy to quantify.
But there are other damages that can pop up when you lose your job that can be much more impactful: emotional distress. As employees’ emotional and mental health has become more defined and prevalent in light of the COVID-19 pandemic, the emotional distress of dealing with workplace violations is that much more understood.
Learn About Your Legal Options By Speaking With Maison Law
Still, not every employer cares about the emotional and mental well-being of you or other employees. When they violate your rights by discriminating against you or terminating you, you have the legal right to pursue compensation in the form of emotional distress damages.
To that end, our team of experienced California employment lawyers are happy to provide free consultations for any employee that has suffered at work. Contact us today to learn more.
California Workplace Laws and Emotional Distress
There are a variety of different laws on the books in California that govern how your employer must treat you while on the job. Failure to do so means your employer has broken the law, and you can then file a lawsuit for compensation in the form of emotional distress damages. Of these, there are four main claims that can be brought in the event your employer fails to abide by the law:
Wrongful Termination
Despite California adhering to an “at-will” employment doctrine where your employment can be ended at any time, the law is also very clear when it comes to wrongful termination. Wrongful termination occurs when an employer fires an employee in response to them engaging in any of the following:
- Complaining, reporting, or participating in an investigation about workplace harassment or employment discrimination.
- Requesting “reasonable accommodations” for your disability or religious belief.
- “Whistleblowing”, or reporting violations of law or policy.
In these instances, the “at-will” protection no longer applies. Furthermore, wrongful termination due to discrimination is protected under the California Fair Employment and Housing Act (FEHA). The FEHA prohibits discriminaton based on one or multiple of the following characteristics:
- Age
- Disability
- Ethnicity
- Gender
- Sex
- Sexual Orientation
- Race
- Pregnancy
- Military status
- National origin
- Religion or other protected status
- Domestic violence victims
California’s laws against employment discrimination extends to any point of the employment process, meaning you cannot be discriminated against even before you’re hired. Even if your potential employer doesn’t hire you, if you feel they acted in a way that was discriminatory to you, you can file a lawsuit against them.
Hostile Work Environment/Retaliation
California law also prohibits retaliation on the part of your employer and further prevents them from fostering a hostile work environment. Basically, the law forbids your employer from retaliating against you or any other employee that reports unlawful activity, such as discrimination, but this extends to any complaint of illegal activity. Retaliatory actions usually present in the following ways:
- Demotion
- Engaging in intimidation
- Unfairly disciplining you
- Reducing your pay or work availability
- Denying your benefits
- Denying you overtime pay
- Failing to hire or promote you
Retaliation protection also extends to “whistleblowers”, or those employees that engage in the reporting of illegal activities to the proper authorities. In fact, the Whistleblower Protection Act (WPA), specifically outlaws employers from taking retaliatory action against these employees.
Breach of Contract
Every employer-employee relationship in California is technically under a contract, but some are formally written to provide an outline of the terms and conditions of employment, usually including:
- Job Expectations
- Disciplinary Actions
- Wages and Payment
- Working Conditions
- Termination and Severance
When the employer fails to abide by any of the conditions set forth in the contract, they breach the contract and you can file a lawsuit for damages.
Violations of Privacy
Not only do California citizens enjoy reasonable expectations of privacy in their private lives, but the law explicitly protects them at work also. There are several scenarios in which privacy law can come into play in the workplace, usually including:
- Whether your employer can videotape you in the workplace.
- Whether your employer can monitor employees’ internet usage.
- Whether your employer can ask about job applicants’ criminal records.
- Whether and how your employer can use your medical records and history.
- Drug testing employees and applicants.
- Whether an employer can check your credit rating.
- Your employer’s use and protection of your Social Security Number.
- Your right as an employee to make video recordings of occurrences in the workplace.
When your employer violates your privacy, your lawsuit not only can recover emotional distress damages, but punitive damages as well, if it was deemed your employer acted recklessly and negligently with your sensitive information.
What Are Emotional Distress Damages and How Can I Recover Them?
As with any claim for damages, a lawsuit will need to be filed against your employer to recover them. Any of the above claims can yield emotional distress damages, but it may be helpful to determine just what these damages are.
Emotional distress damages can cover a range of potential conditions, all of which arise out of the toll losing your job has on you. Some of the most common emotional distress damages relate to:
- The development and diagnosis of a psychiatric condition (such as depression or anxiety disorder)
- Difficulty sleeping
- Losing enjoyment of life and mental anguish
- Harm to your professional reputation
- Strained relationships with family or friends
Probably the most difficult aspect of emotional distress is determining the extent of these damages. After all, everyone reacts to situations differently. However, in the context of a lawsuit, recovering emotional distress damages will require you to show that your emotional damages was caused by:
- The employer’s illegal actions, and not
- A preexisting condition
Proving Emotional Distress
Generally speaking, proving emotional distress has two elements:
- Testimony from you, your family, and your acquaintances that demonstrate how the employer’s actions have taken an emotional toll on you.
- Having a doctor or mental health professional testify about the harm suffered in a clinical fashion.
The more extensive the claim is for emotional distress, the more evidence will need to be provided to substantiate the claim. Ultimately, the circumstances of your case coupled with the evidence uncovered will determine how much you can recover in emotional distress damages.
Work With Compassionate California Employment Lawyers
Maison Law’s team of compassionate, experienced California employment lawyers know full well the emotional toll that an unlawful firing can have on you and your family. When you go to work, you do so with the expectation that your employer is going to protect you not only legally, but emotionally, as well.
Losing your job is an extremely emotional ordeal, but with the right team behind you, you can recover at least some semblance of what your employer took from you. To get started with a free consultation with our team, contact us today.
