Legal Question in Employment Law in Florida

mental abuse

I had to let an employee go for poor job performance, and they threatened to sue me for mental abuse. Is there such a thing?


Asked on 6/25/00, 10:04 pm

2 Answers from Attorneys

Brigette Ffolkes Ffolkes Law Office

Re: mental abuse

There are civil causes of action grounded in personal injury for intentional or negligent infliction of emotional distress. Usually, the emotional distress suffered by the claimant has to be above and beyond what the average person would experience under similar circumstances.

Also, if the employee is known to have a mental disability, the employer may be liable under the American's with Disabilities Act for discrimination based on that disability.

Lastly, there is criminal liability for the intentional infliction of psychological injury on someone known to have a mental disability.

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Answered on 9/02/00, 10:53 am
Brigette Ffolkes Ffolkes Law Office

Re: mental abuse (clarification)

To clarify my previous response, in a civil cause of action for infliction of emotional distress, the claimant would probably have to show special circumstances (e.g. hostile work environment) and that the distress suffered was above and beyond what would normally be experienced by the average person due to job loss.

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Answered on 9/02/00, 11:38 am


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