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  • Damages California

    Hello,

    I would very much appreciate any insights, tactics (those that work and do not work) regarding demonstrating emotional distress damages in a wrongful termination case.

  • #2
    Can you please elaborate a bit? How were you wrongfully terminated? When did it happen? Where were you working (not the specific company but the type of industry) and what was your job there? How long did you work there before your employment was terminated? What was the nature of the emotional distress you suffered? What is your evidence of emotional distress? What did you do about said emotional distress? What is the extent the damages (financial, reputational etc.) you sustained as a result of the emotional distress? What has your attorney said about this?

    Thanks.

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    • #3
      I have just looked your profile and note that you are en employment law attorney. Given your profession, I am more than a little surprised that you don't already know the answer to your question.

      Comment


      • #4
        Yeah, and she's about an inch and a half from being banned for spamming.

        Diana, if you want to advertise, contact the owners and pay the rates.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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        • #5
          Originally posted by cbg View Post
          Yeah, and she's about an inch and a half from being banned for spamming.

          Diana, if you want to advertise, contact the owners and pay the rates.
          Like button.

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          • #6
            I deleted link to attorney website from a post OP made in an old thread. I was thinking this thread here might be "seed" spam but thought could just keep an eye on OP.
            Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

            Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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            • #7
              Agreed, Betty.
              The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

              Comment


              • #8
                Interesting question, though. "Wrongful termination" per se is a limited concept under labor law. Most terminations are entirely legal under "employment at will" so there must be an actual law being violated for a "wrongful termination". I cannot say that there has never been a successful wrongful termination with a emotional distress element, but I also cannot say that there ever has been one. All things a labor law lawyer should know.
                "Reality is that which, when you stop believing in it, doesn't go away".
                Philip K. **** (1928-1982)

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