11-12-2006, 03:17 PM
|
|
Senior Member
|
|
Join Date: Sep 2006
Posts: 190
|
|
Quote:
|
Originally Posted by proseman
It seems to me that this is a tort you are describing. Check into the three following torts: outrage, intentional infliction of emotional distress, negligent infliction of emotional distress. Good luck. It would be an employment discrimination case if you can show that there is harassment and/or discrimination based on your race/color/religion/national origin/*** and or disability.
|
There is NO such "cause of action" called "Outrage." A "cause of action" allegation MAY be "outrageous" requiring "punitive damages", but "Outrage" does NOT stand on its own as its own Cause of Action. Also, unless you have a legally cognizable "cause of action", intentional infliction of emotional distress, and negligent infliction of emotional distress are not "causes of action" in and of themselves - they are a part of "damages" which are allegations included in a cause of action. They do not stand by themselves.
So, our writer would have to be able to allege a Cause of Action under Title VII, or some other statute, and THEN allege within that Cause of Action the allegations of intentional infliction of emotional distress, and/or negligent infliction of emotional distress.
|