Do I have a valid reason to file a lawsuit aganist my employer for emotional distress and negligence?

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Do I have a valid reason to file a lawsuit aganist my employer for emotional distress and negligence?

There was an attempted robbery at my job on the third day I was working there. Apparently, there were a string of robberies attacking various stores nearby i was not made aware of. Two masked robbers entered my store and one held a gun. As one employee ran out the door I was stuck behind the cash register where there is only one exit. toward the robbers There was a moment of hesitance before the robbers ran to the back room and I then run out the front door. As I’m running away a woman flags me down and she calls the cops. The robbers seen that I saw them and their car. I’m scared they might come back and shoot me. Another fact I was not made aware of is that a previous employee was held hostage at this store location some recent months. If this is not the first time this occurs doesn’t it seem neccessary that a security guard be in attendance or at least a panic button be installed?

Asked on September 1, 2012 under Personal Injury, California

Answers:

Robert Slim / Robert C. Slim - Attorney at Law

Answered 9 years ago | Contributor

You pose a very interesting question.  I would want to know if you were physically injured at all.  In Texas, you cannot sue for "negligent" inflcition of emotional distress.  A claim of emotional distress must arise from some bodily injury.  However, you can sue for "intentional" inflcition of emotional distress (without having a bodily injury), but you would have to prove that your employer acted intentionally or with gross neglect, whcih might be hard to do.

If you want, you may call me to discuss the matter further.  Like I said, you do pose an interesting question, but I would need more details.

Robert C. Slim, Attorney at Law (214) 321-8225.


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