EMPLOYMENT LAW – Jackson O’Keefe obtains striking of count alleging negligent infliction of emotional distress in connection with discharge from employment

5/18/2016 | Philip R. Dunn, Jr.
prdunn@jacksonokeefe.com

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Philip R. Dunn, Jr.

The plaintiff alleged that the former employer terminated the plaintiff’s employment because the plaintiff allegedly refused to tolerate sexual harassment on the job and gave the plaintiff a pretextual reason for his termination.  The Superior Court concludes that these allegations were insufficient to set forth a claim for negligent infliction of emotional distress in the employment setting.  The court holds that the mere act of firing an employee, even if wrongfully motivated, does not transgress the bounds of socially tolerable conduct as required to state a claim for negligent infliction of emotional distress in this context under binding Supreme Court precedent.  Attorney Philip R. Dunn, Jr. of Jackson O’Keefe argued that the alleged conduct did not occur in the actual termination, despite Supreme Court precedent requiring that the alleged misconduct occur in the termination itself in order to state a claim for negligent infliction of emotional distress against an employer.  The court agreed, further noting that while the plaintiff’s claim of the defendant’s conduct could support his claim of retaliatory discharge under the Connecticut Fair Employment Practices Act, it is insufficient to support a claim for negligent infliction of emotional distress in the termination of his employment.  James v. Jumoke Academy, Inc., CV16-6064610-S (5/9/16 Huddleston, J.)

If you have a possible claim, you will need to review your options timely. For assistance, call the attorneys at Jackson O’Keefe now at (860) 255-8586.

With offices in Southington and Wethersfield, as well as satellite offices in East Haddam, Bloomfield and Farmington, our lawyers strive to meet the needs of area residents, making getting your legal services easier than ever.  Call us now to speak with us about your case.  (860) 255-8586 during business hours or 860.966.7436 any time, or email us any time at info@jacksonokeefe.com

Our Famington office: 
Phone: (860) 255-8586
Fax: (860) 527-2500
Address: 14 Greencrest Drive, Farmington CT 06032

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