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. City of Hartford is one that I touched on in an August 2010 post.
A recent federal district court decision in Connecticut reinforces the broad scope of the Perodeau decision by dismissing such claims in various contexts.
The case, Tomby v. Community Renewal Team doesn’t break new ground. But it does reinforce the fact that these types of susceptible to a motion to dismiss. Even if the employer’s stated reason for terminating the employee is "pretextual" or false, the court said that is not enough to support an NIED claim.
For employers faced with "kitchen-sink" complaints in federal court, this case provides ample support for lightening the load and filing that motion to dismiss.