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  #11 (permalink)  
Old 11-12-2006, 10:22 PM
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Quote:
Originally Posted by proseman
"Damages for mental and emotional distress are generally available merely upon proof of an intentional tort such as assault." Brower v Ackerly, 88 Wsh.App. at 92. Also, "...the law's recognition of infliction of emotional distress as an independent basis for tort liability is relatively new..." Id, at 96. And, "It is only within recent years that the rule stated in this Section has been fully recognized as a seperate and distinct basis for tort liability, without the presence of the elements necessary to any other tort, such as assault, battery, false imprsionment, trespass to land, or the like" Id, at 97.

What do you think?

EDIT: From the above case, it seems that intentional infliction of emotional distress is the same as the tort of "outrage."

If you look closely, you'll see that our writer is from California, not Washington. And, my response is accurate for California.

Last edited by admin : 11-14-2006 at 08:39 AM.
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  #12 (permalink)  
Old 11-14-2006, 09:36 PM
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Quote:
Originally Posted by Westside Law
If you look closely, you'll see that our writer is from California, not Washington. And, my response is accurate for California.
Logic would dictate that in this day and age, no employer can still foster a hostile work environment, especially with the disabilities the original question mentioned. Does the ADA apply here, or does California have legislation that would apply to a hostile environment? (Personally, if it were me, I think I'd find a new job in this particular situation .. but I'm curious as to whether the original person has any grounds for the 'hostile work environment' aspect.)
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  #13 (permalink)  
Old 11-26-2006, 03:33 PM
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Location: Chico, California
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Angry Yes, it was a hostile and unfair environment

Hi - there was a completely separate way people spoke to me, other's rules did not apply, I was publicly humiliated, and information about my pre-employment, which is supposed to protected under the HIPPA legislation, was discussed ad nauseum, fell into the wrong ears, and cost me not only that job, but two others, which I can prove because I had interviews with both until a certain individual had a few hours in my dept, and all of a sudden, noone would talk to me. She was not a "need to know" person, so someone not only violated HIPPA, but defamed my character with misinformation and cost me my livelihood, and maybe my family. please contact me personally, because there are so many things that happened wrong here, and the longer I wait for someone to help, the more hopeless I am.
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  #14 (permalink)  
Old 11-27-2006, 06:25 AM
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Quote:
Originally Posted by jennydan
Hi - there was a completely separate way people spoke to me, other's rules did not apply, I was publicly humiliated, and information about my pre-employment, which is supposed to protected under the HIPPA legislation, was discussed ad nauseum, fell into the wrong ears, and cost me not only that job, but two others, which I can prove because I had interviews with both until a certain individual had a few hours in my dept, and all of a sudden, noone would talk to me. She was not a "need to know" person, so someone not only violated HIPPA, but defamed my character with misinformation and cost me my livelihood, and maybe my family. please contact me personally, because there are so many things that happened wrong here, and the longer I wait for someone to help, the more hopeless I am.
Two things: First, I am not an expert in this area. Secondly, I feel badly for what you are going through. That being said, I cannot imagine being able to prove you were "spoken to differently" than other people. Also, being embarrassed in public is a very subjective thing, too. What might embarrass you may not even phase someone else. I think everyone reading this has been in situations like yours and felt the same pain and outrage. While I wish you the best in this situation, I also wish you closure---the ability to not let this consume you, and move on with your life. This shouldn't be something that should affect you the rest of your life. It happens to everyone----I know this doesn't minimize your hurt over it all, but at some point you need to look up, look ahead--and stop sacrificing the permanent on the altar of the immediate.... Lift your gaze a bit.... learn from this, and move on. I suspect something better is well within your grasp. Reach out.
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  #15 (permalink)  
Old 11-27-2006, 08:21 AM
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Location: Chico, California
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Default look up?

Hi- thanks for responding. I can deal with all the unfair, uncomfortable moments I had at this place of employment. what I think is wrong is that one individual's discussions over a twenty four hour period cost me two other job opportunities. Maybe I should be looking under a different category, like "intentionally causing emotional distress", or empoyer interfereing with the ability to get gainful employment." All I know is that I had two interviews set up, and then mysteriously they both cancelled, right after this gal came into town. This is not by accident, this is a small town, and neither of the employers would have cancelled unless someone had given them info. I am an occupational therapst, and we are few and far between, and in twenty years I've never had a problem getting a job, until now. I was enjoying a small, forty five minute commute to work, but now, I drive two and a half hours, and am gone two nights a week, away from my family. I don't think this is fair. I would love to look up and smile and forget, but I can't.
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  #16 (permalink)  
Old 11-27-2006, 10:29 AM
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I understand you are asking if these people can be held accountable for speaking of you in such a manner that you were not offered a job. My question comes in contemplating how difficult would it be to prove in a court of law that this happened? Obviously, the other parties would deny the allegation, and it would be he said/she said. I can't see this becoming a productive lawsuit.
On the other hand, if the prospective employer that didn't hire you enjoys this type of illicit gossip and hurtful unfounded rhetoric, maybe they weren't the kind of employer you wanted to work for in the first place?
Just a thought....
Good luck to you. I hope this works out.
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  #17 (permalink)  
Old 11-27-2006, 06:36 PM
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Quote:
Originally Posted by jennydan
Hi- thanks for responding. I can deal with all the unfair, uncomfortable moments I had at this place of employment. what I think is wrong is that one individual's discussions over a twenty four hour period cost me two other job opportunities. Maybe I should be looking under a different category, like "intentionally causing emotional distress", or empoyer interfereing with the ability to get gainful employment." All I know is that I had two interviews set up, and then mysteriously they both cancelled, right after this gal came into town. This is not by accident, this is a small town, and neither of the employers would have cancelled unless someone had given them info. I am an occupational therapst, and we are few and far between, and in twenty years I've never had a problem getting a job, until now. I was enjoying a small, forty five minute commute to work, but now, I drive two and a half hours, and am gone two nights a week, away from my family. I don't think this is fair. I would love to look up and smile and forget, but I can't.
You appear to have possible legal recourse from what I've been able to understand from your posts and yes, you should contact a good employment attorney in your area. If this is a previous employer, there are definite possibilities. If this is your current employer, there are other options. Today's workplace has changed dramatically and many employers have implemented internal procedures for your very situation. If you'd like to contact me directly, I can help clarify, if you like.

Last edited by TheJury'sStillOut : 11-28-2006 at 07:42 AM.
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  #18 (permalink)  
Old 11-27-2006, 08:29 PM
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Location: Chico, California
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Default yes, I'd like your assistance........

Hello-

thank you for taking the time to read and follow up with me. It's so hard to describe the situation in this format, I would like to have you call me or I'll call you, There is a lot more to this story, and I'm sick of not sticking up for myself and ending up on the wrong end of the stick. I am a professional, I have a B.S. in occupational therapy, and am a wife and mother
.

Last edited by jennydan : 11-27-2006 at 10:05 PM.
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  #19 (permalink)  
Old 11-28-2006, 03:16 AM
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Quote:
Originally Posted by TheJury'sStillOut
You appear to have possible legal recourse from what I've understand from your posts and yes, you should contact a good employment attorney in your area. If this is a previous employer, there are definite possibilities. If this is your current employer, there are other options. Today's workplace has changed dramatically and many employers have implemented internal procedures for your very situation. If you'd like to contact me directly, I can help clarify, if you like.
Since the purpose of this forum is to learn, I would love to learn what "other options" are available and what "possible legal recourse" is available. I am hugely interested in this since it seems I have been cheated in my law education since I am completely unfamiliar with how someone proves they were "spoken to differently than other people were". Also, I cannot fathom how you can prove by a preponderance of the evidence ( the standard in a civil case ) that two people having a discussion between themselves cost a third party two prospective jobs, especially since undoubtedly both will deny the conversation ever took place ( and I doubt anyone will willingly admit to participating or even hearing a discussion such as this).
We are here to learn. I'm sure other posters would benefit as much as I would from this impartation of knowledge. How would this be proven to an acceptable legal standard? How do you have proof more appreciable than "he said/she said"?
My thirst for knowledge is insatiable. Do share, please?
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