Dealing with ruthless coworkers and difficult bosses is a part of daily
life, but what about when you are harassed at work or suffer some other
type of personal injury related claim? You may not realize that there
is a category of torts known as employment torts that may allow you to
bring a lawsuit against your employer as well as the person who wronged
you. If you experienced a situation that falls under one of these categories, call the
Law Office of Robert R. Castro today to schedule a consultation to determine if your case falls under
one of these “employment tort” statutes.
Defamation of Character
Defamation of character is the unprivileged publication of information
that is untrue, which subsequently causes damage to the plaintiff’s
reputation. To qualify as defamation, the information must be untrue,
publicized to a third party, and have caused the plaintiff harm. Defamation
can either be written, which is libel, or spoken, which is slander. In
the workplace, defamation may come into context when an employer makes
a statement to other employees on why an employee was fired or written up.
Assault and Battery
Assault and battery are serious allegations that involve physical harm
or the threat of physical violence. Assault involves threatening to cause
harm to another person, and the person has an imminent fear that they
are about to be harmed. There is no requirement of actual contact to be
liable for assault. Battery, on the other hand, is the physical act of
hurting someone. If the person who committed and the assault and/or battery
is in the course and scope of employment at the time it happened, the
employer can be held liable under the theory of
respondeat superior, which is Latin for “let the master answer.”
Invasion of Privacy
This is another tort that has some application in the workplace in specific
instances. These are often connected to sexual harassment claims and the
“unreasonable intrusion” angle of invasion of privacy. Essentially,
this means that a person intentionally intrudes upon the solitude or seclusion
of one’s private affairs, and any reasonable person would find this
intrusion highly offensive.
Other scenarios in which an invasion of privacy claim may be made against
an employer center around unreasonable searches of an employee’s
personal things, or even highly invasive drug tests or surveillance. Also,
this applies to employers who intentionally publicize matters that place
the plaintiff in an unfavorable light. However, it must be communicated
to a large group of people to qualify here. Telling a few people that
someone was a bad employee is not likely to qualify here.
Intentional Infliction of Emotional Distress
Intentional infliction of emotional distress is not easy to prove and involves meeting some strict guidelines on what
behavior constitutes a claim. The act must be extreme and reckless, sparking
outrage to the average person. You must also show intent and a causal
link between the behavior and the emotional distress, which needs to be
documented. Repeated reprimands, unfair evaluations, and critiques typically
do not qualify here. There are some instances in which you may have a
valid claim against your employer, which is why it is important to retain
Maryland personal injury attorney.
Contact a Maryland Personal Injury Attorney
There are other situations that can warrant a claim against your employer in a
personal injury matter. Please contact the Law Office of Robert R. Castro to schedule a complimentary
consultation and let us help get the compensation you deserve.
This article has been provided by Law office of Robert Castro. For more
information or questions contact our office to speak to an experienced
lawyer at (301)870-1200.
Law office of Robert Castro.
2670 Crain Highway #411, Waldorf, MD 20601. (301)870-1200