Intentional vs. Negligent Infliction of Emotional Distress

Emotional distress caused by someone else’s actions can be just as damaging as physical injury. California law recognizes two distinct legal claims that allow victims to seek compensation for this kind of harm in the workplace: Intentional Infliction of Emotional Distress (IIED) and Negligent Infliction of Emotional Distress (NIED). Although both claims involve mental suffering, they differ in how the harm occurs and what you must prove in court.

What Is Intentional Infliction of Emotional Distress (IIED)?

Intentional Infliction of Emotional Distress occurs when someone purposely engages in conduct that is so outrageous and extreme that it causes another person to suffer severe emotional harm. To succeed in an IIED claim, you must prove the following:

• The defendant (at-fault party) acted intentionally or recklessly
• The conduct was outrageous, meaning beyond the bounds of decency expected in society
• You suffered severe emotional distress
• The defendant’s actions caused your distress

Outrageous conduct might include repeated harassment, threats of violence, racial slurs, or humiliating someone in front of others. Courts set a high bar for “outrageous” behavior, so not every mean or unfair act qualifies. The emotional harm must be serious—not just annoyance, frustration, or sadness. In a workplace setting, examples of IIED could include a supervisor repeatedly targeting an employee with racial insults or retaliating through verbal abuse after the employee reports misconduct.

What Is Negligent Infliction of Emotional Distress (NIED)?

Negligent Infliction of Emotional Distress happens when someone causes emotional harm through careless or unintentional behavior. In these cases, the defendant did not mean to cause harm, but their failure to act responsibly led to serious emotional suffering. To prove NIED, you generally must show:

• The defendant owed you a duty of care
• The defendant breached that duty
• The breach caused you severe emotional distress
• Your emotional distress was a foreseeable result of the conduct

For example, an employer might negligently allow harassment to continue by failing to act on repeated complaints. Even without malicious intent, the employer may still be held liable if the inaction caused the employee significant emotional harm.

California courts may limit who can bring NIED claims, especially if the emotional distress results from witnessing harm to others. However, in employment-related cases, NIED often applies when an employer has a duty to maintain a safe work environment and fails to do so.

Key Differences Between IIED and NIED

The main difference lies in the intent behind the behavior:

• IIED requires that the person acted intentionally or with reckless disregard for your well-being.
• NIED involves negligent, unintentional conduct that still causes emotional damage.

Another difference is the type of behavior involved. IIED usually requires extreme and outrageous actions, while NIED can result from a failure to prevent harm.

How an Employment Attorney Can Help and Why Hiring One is Critical

If you are suffering emotional distress due to your employer’s actions or negligence, an experienced workplace emotional distress attorney can make a major difference in your case. They can:

• Evaluate your situation to determine whether your employer’s conduct meets the legal standards for IIED or NIED
• Gather and preserve evidence, including witness statements, medical records, emails, and internal complaints
• Handle all communication with your employer or their legal team, protecting you from retaliation or intimidation
• Calculate damages for lost wages, therapy costs, and the emotional toll you have experienced
• File a claim or lawsuit under the correct legal framework to maximize your chances of success

Hiring an attorney early allows you to avoid common mistakes, meet legal deadlines, and build a stronger case from the start. Without legal support, you may miss important protections or settle for far less than you deserve. To arrange a free consultation with a trusted Los Angeles Workplace Emotional Distress Lawyer today, call (949) 822-9220 or message Aegis Law online.