Emotional Distress

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    If the Family and Medical Leave Act (FMLA) applies to your company, you probably understand that employees must satisfy certain eligibility requirements before they can take protected leave under the statute. However, you may not realize that the FMLA might provide some protections even to employees who don't satisfy its requirements. In a...
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    Kansas celebrates older workers. The Kansas Department of Commerce will host the Older Worker Awards Ceremony on April 24 in Topeka. The event honors older workers who are employed in both publicand private-sector jobs and businesses that regularly employ workers who are 55 and older. The department is accepting nominations until March 31, 2014,...
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    An Ohio appeals court recently affirmed a lower court's decision to dismiss an employee's claims of wrongful discharge in violation of public policy and intentional infliction of emotional distress. The court found that although a clear public policy of encouraging law enforcement officials to investigate and report workplace crime exists, the...
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    The U.S. District Court for the Southern District of Florida recently allowed a customer's claims of false imprisonment, infliction of emotional distress, and breach of fiduciary duty against Wells Fargo to go forward. The interesting aspect of this case is that the bank didn't commit any of the acts that resulted in the lawsuit. It's not what...
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    For more than 20 years, West Virginia law has recognized the general workers' compensation tenet that an employee must sustain a physical injury in order to claim benefits related to an occupational injury. Purely psychological conditions such as emotional distress or fear aren't deemed compensable without a physical injury that can be identified...
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    The 8th District Court of Appeals recently interpreted the age discrimination remedies contained in Ohio's antidiscrimination laws and took a restrictive view of the damages an employee can obtain. The decision will help reduce employers' exposure to these types of claims. Background Employees have four different remedies for age...
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    In the September 2013 issue of Virginia Employment Law Letter, we reported on an Alexandria federal court case in which the jury found that the FBI had engaged in disability discrimination when it kicked a disabled veteran out of its special agent training program (see "Disabled vet wins $75K verdict against FBI" on pg. 1). The jury awarded Justin...
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    The Kentucky Court of Appeals recently upheld a trial court's dismissal of a former employee's emotional distress claim. According to the court, the employee couldn't show that her former employer's alleged conduct was sufficiently outrageous to satisfy the elements of an emotional distress claim under Kentucky law. Facts Sandy Gooch was the...
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    To entice key employees to remain with the company until the sale of the business was complete, an employer offered them a bonus large enough to allow them to retire. However, after the business was sold, the employer refused to keep its promise. The employees sued to recover the promised bonus. A California court of appeal recently decided...
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    From my imagination, here's a demand letter based on the recent Miami Dolphins bullying scandal. Mr. Incognito, Please allow me to introduce myself. My name is Jane. Following graduation from Harvard Law School, I spent more than two decades litigating labor and employment cases at some of the most prestigious law firms in the country. I have...
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