What is Emotional Distress?
Emotional distress is more than just a bad day at work—it refers to serious psychological suffering caused by another person’s actions. This could include anxiety, depression, trauma, or other mental health challenges that interfere with your everyday life.
In the legal world, emotional distress is often part of a personal injury or employment-related claim, where the person affected seeks compensation for the psychological harm they’ve endured.
Can You Sue Your Employer for Stress & Anxiety in California?
Yes, under certain circumstances, you can sue your employer for emotional distress in California—but it’s not always straightforward. Most job-related injuries, including some mental health issues, are typically handled through the workers’ compensation system. However, when your stress and anxiety stem from your employer’s wrongful actions—like discrimination, harassment, retaliation, or maintaining a hostile work environment—you may be able to file a separate civil lawsuit.
To succeed, you’ll need to prove that your employer’s conduct was extreme and outrageous, not just the usual stress of a demanding job. The emotional distress must also be severe and long-lasting, with supporting evidence, such as medical documentation, therapy records, and testimony from mental health professionals.
How Do You Prove Emotional Distress?
Proving emotional distress takes more than just telling your story—it requires building a solid case with credible, detailed evidence. This often includes:
- Medical and therapy records
- Diagnoses from psychologists or psychiatrists
- Testimony from expert witnesses
- Testimony and documentation of how the distress has impacted your work, relationships, or daily life
Physical symptoms like chronic insomnia, headaches, or panic attacks can also strengthen your claim. The goal is to show how the emotional harm has truly affected your well-being and ability to function.
Contact our Experienced California Employment Attorneys
If your job has caused serious emotional harm due to wrongful or abusive behavior, don’t suffer in silence. Contact our experienced California employment attorneys to help you understand your legal options.
Contributions to this blog by Kennedy McKinney.