Dealing with an abusive supervisor is an egregious situation that people in the workforce may be forced to contend with. Unable to leave a job due to financial reasons, an employee may end up being repeatedly bullied by an out-of-control boss. People in positions of authority may think they can get away with these actions, but complete immunity is not something the law affords. Depending on the severity of the abuse, an employee who suffers from severe harassment-induced mental stress may be able to sue an employer for the brutal actions of a supervisor.

Reaching the Legal Threshold

Suing a business or individual for causing mental stress and trauma is difficult, but a legitimate case can be brought forward under certain circumstances. Essentially, evidence proving a correlation between suffering mental health issues and workplace abuse must be clearly established in order for such a unique case to have merit. If anxiety, depression, or another issue — or the worsening of a pre-existing mental condition — is not the result of the job-related harassment, then the employer cannot be held liable. Items that do need to be presented include but are not limited to:

Establishing Medical Evidence

Clearly, the afflicted party needs an actual diagnosis of a mental health condition in order to bring forth a lawsuit. Medical evidence in the form of a first and second opinion from reputable psychiatrists who state job stress caused the condition has value. Aspects of the medical records could be entered into evidence. For example, if there was never any need prior to use anti-anxiety medications prior to repeated instances of a supervisor's foul treatment, the plaintiff may appear legally liable.

Proving Inappropriate Behavior

Simply being unable to handle the demands of a job may not be anywhere near enough to bring forth a suit. Negligence has to factor into a civil liability or personal injury claim in some way. Outrageous behavior on the part of a supervisor definitely could establish negligent behavior. Constant berating, yelling, threats, and unprofessional or inappropriate and vindictive actions may very well be deemed negligence and harmful in the form of deliberate infliction of emotional pain and suffering. Eyewitnesses, harsh emails, and angry voicemails might be reliable evidentiary examples of such behavior.

Revealing Managerial Non-Action

Supervisors have to answer to someone. When upper management allows a hostile work environment to persist, this may be deemed another aspect of negligence. Did the behavior occur in front of upper management? Was a reprimand issued? When management does not reprimand a supervisor for improper treatment of an employee, this could be deemed a contributing factor to the emotional pain. A skilled attorney may establish a pattern of negligence through both action and non-action. Through non-action, management may be liable for harm.

Suing for emotional distress is complicated, but the right attorney could achieve a positive outcome for a client. For more information, contact local professionals like Owen Law Firm.