Can an employer be found guilty of intentional infliction of emotional distress?

"New York", United States of America

The following excerpt is from Howell v. New York Post Co., Inc., 596 N.Y.S.2d 350, 612 N.E.2d 699, 81 N.Y.2d 115 (N.Y. 1993):

The distinction between privileged and nonprivileged conduct as it relates to infliction of emotional distress is implicit in our cases and explicit in the Restatement. In Murphy v. American Home Prods. Corp., 58 N.Y.2d, at 303, 461 N.Y.S.2d 232, 448 N.E.2d 86), an employment case, we held that plaintiff could not "subvert the traditional at-will contract rule by casting his cause of action in terms of a tort of intentional infliction of emotional distress." If an employer has the right to discharge an employee, the exercise of that right cannot lead to a claim for infliction of emotional distress, however distressing the discharge

Page 356

Other Questions


What is the test for a person to be found guilty of infliction of emotional distress as a result of excessive use of alcohol? (MultiRegion, United States of America)
What is the test for a state law claim for intentional infliction of emotional distress? (MultiRegion, United States of America)
How have courts interpreted the impact rule in the context of intentional infliction of emotional distress? (MultiRegion, United States of America)
Can a plaintiff who was not present at the accident scene recover emotional distress damages for emotional distress they suffered when they later arrived at the scene? (MultiRegion, United States of America)
What is the test for a claim for negligent infliction of emotional distress for injuries inflicted upon a third person? (MultiRegion, United States of America)
Is there any form of intentional infliction of emotional distress in a civil case? (MultiRegion, United States of America)
Is there any case law that supports a plaintiff's claim for intentional and negligent infliction of emotional distress? (MultiRegion, United States of America)
What is the test for liability under the "intentional infliction of emotional distress tort"? (MultiRegion, United States of America)
When can a claim for intentional infliction of emotional distress be successful? (MultiRegion, United States of America)
What are the elements for the tort of intentional infliction of emotional distress? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.