Connecticut Employment Law Blog Insight on Labor & Employment Developments for Connecticut Businesses

Tag Archives: emotional distress

Looking at Employee and Going “Bang Bang” Is Not “Extreme and Outrageous” Conduct

By Daniel Schwartz on Posted in Human Resources (HR) Compliance, Litigation

In some types of employment law matters, employees sometimes bring a companion claim — formally known as a claim for “Intentional Infliction of Emotional Distress”. Often times it fails because it is a very difficult claim to establish in the workplace.  Why? Because the employee must show that the behavior was “extreme and outrageous”. Courts… Continue Reading

Appellate Court’s Footnote Suggests Faults in CHRO’s Interpretation of Emotional Distress Damages

By Daniel Schwartz on Posted in CHRO & EEOC, Discrimination & Harassment

Back in February 2009, I talked at length about whether compensatory damages (for things such as emotional distress) was properly awarded in employment discrimination claims that proceeded to a hearing at the CHRO.  I went on to say back then that I believed the agency and the human rights referees at the agency had been… Continue Reading

Negligent Infliction of Emotional Distress Claims in Connecticut Get Dismissed Yet Again

By Daniel Schwartz on Posted in Litigation

When the Connecticut Supreme Court came out with a decision nearly ten years ago that said that negligent infliction of emotional distress claims in the workplace were only viable when they occur during the termination process itself, it was the beginning of the end for these types of amorphous claims.   The case, Perodeau v…. Continue Reading

New CHRO Agency Head: Changes are Coming

By Daniel Schwartz on Posted in CHRO & EEOC

The Connecticut Law Tribune snagged an in-depth interview with new CHRO Executive Director Robert Brothers this week. in it, Brothers shares his views that the CHRO has made missteps in the past and that he is going to try to turn that around.  Among the changes that he is considering are an revamp of the agency’s… Continue Reading

The “Brown Paper Bag” of Appellate Court Decisions: Court Affirms Sexual Harassment Verdict

By Daniel Schwartz on Posted in CHRO & EEOC, Discrimination & Harassment, Litigation

I’m sometimes asked how I report on employment law cases in such a prompt manner.  There’s no magic formula but I will let you in on a little shortcut I use to skim a series of new cases. Instead of reading an entire case, my eyes first glance at the listed attorneys in the case…. Continue Reading

Part Time Employee For Three Weeks Awarded $15,000 in Emotional Distress Damages

By Daniel Schwartz on Posted in CHRO & EEOC, Discrimination & Harassment

UPDATED 1/26/09 A part-time secretary who worked for three weeks before resigning is entitled to $15,000 in emotional distress damages and six months back pay, according to a recent CHRO Hearing Officer decision.  The case is particularly notable because the company was Claywell Electric, run by the now-jailed Kurt Claywell. The employer in the case,… Continue Reading

Court: Pursuing Emotional Distress Claim in Harassment Case Opens Door to Discovery of Therapist and Medical Records

By Daniel Schwartz on Posted in Discrimination & Harassment, Human Resources (HR) Compliance, Litigation

For companies involved in employment discrimination litigation, there is always a question of how far to push on discovery issues.  A new case decided this week in U.S. District Court in Connecticut allows employers to push pretty hard to get an employee’s medical and therapist records. In order for that to happen, the employee needs to put… Continue Reading