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Georgia Personal Injury Lawyers Address Filing a Claim for Emotional Distress After You Were Fired from Your Job

Getting fired from a job can benerve-wracking, and embarrassing, especially when you believe that you were a model employee, doing your job as best as you could. Unfortunately, many people in Georgia are at-will employees. Consequently, they are subject to being let go by their employer at any time for any reason. Georgia’s at-will employee doctrine does not require an employer to provide a reason why the business discharged the employee as long as the discharge was not for a discriminatory reason oras retaliation for exercisinga right a person has as an employee such as blowing the whistle on unlawful behavior. 

Georgia employees have a right to file a claim for damages based on their employer’s conduct. In some circumstances, the employer’s behavior can be outrageous and offensive during employment or the act of firing the employee. In that instance, the employee can file a claim for intentional infliction of emotional distress and recover monetary damage award based on the employer’s outrageous conduct. 

The burden for an employee to recover for intentional infliction of emotional distress is high, andcourts in Georgia do not permit these cases to go forward without a substantial amount of compelling evidence. That is why you need to have the Georgia personal injury lawyers from Montlick & Associates, Attorneys at Law fighting for you and your family. Montlick & Associates’ injury lawyers have the skill, knowledge, and experience to maximize the damages you could receive for your claim of intentional infliction of emotional distress against your employer.

Montlick & Associates, Attorneys at Law, earned the reputation as aggressive advocates for their clients who suffered injuries in Georgia through no fault of their own. For over 34 years, Montlick & Associates, Attorneys at Law have served the needs of Georgia residents from one side of Georgia to the other.Do not trust your valuable rights to economic recovery to another law firm. While other law firms might promise you results, Montlick & Associates has a history of proven results. The firm has won over $1 billion for its clients who were injured due to the carelessness of others. Your rights are too valuable to trust anyone else.

Proving that you are entitled to compensation for intentional infliction of emotional distress in Georgia is not easy. Georgia law obligates the plaintiff to prove thatthe other person’s conduct was extreme, atrocious, or outside the bounds of decency and intolerable in today’s society. In short, Georgia law places a heavy burden on the plaintiff to satisfy that high standard. 

What is extreme and outrageous to one person might not be to another. Therefore, to prevail on a claim for intentional infliction of emotional distress, the plaintiff must prove that the person acted intentionally or recklessly. Mere negligence will not suffice. Also, the plaintiff must show that the conduct was extreme and outrageous. Additionally, the claimant must show that he or she suffered some emotional damage and that the emotional effects caused by the conduct were severe. The claimant has to prove that he or shesuffered a physical manifestation of the extreme conduct and sought medical or psychological treatment for the resulting conditions.

Insults and other small inconveniences, although unpleasant to endure, do not rise to the extraordinary level required by Georgia law. However, state law recognizes that employment relationships can create a level of outrage that does not exist outside of the employment context. Courts have said that people might be afraid to complain about certain behaviors at work like sexual harassment and do not complain. Thus, the offender repeats the conduct. The repetitive nature of the conduct can escalate the emotional distress experienced by the victim.


Howerton v. Harbin Clinic, LLC, 776 SE 2d 288 – Ga: Court of Appeals 2015

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