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"EMPLOYEE'S REACH FOR "EMOTIONAL DISTRESS" CLAIM A STRETCH? FIND OUT HERE!

Dear Kathryn:

I'm a sales assistant working for an investment broker who used to be a major player. He is now suffering the results of a bad year. Due to his incompetence and temper, he has caused me suffering both financially and emotionally. Because a large part of my compensation is based on bonuses on the sales he makes, I've been poorer than poor these last eighteen months. Since my boss stopped making the income he was accustomed to, he's turned into a nut, slamming the furniture around the office and using obscenities. Naturally, this has turned clients off. While I can't do much about his lack of sales and my reduced income, I don't feel that the verbal abuse I'm dealing with daily is fair.

I'm thinking I may have the makings for an emotional harassment lawsuit. I'm sure many others suffer like this and say nothing in order not to lose their job, but I think it's about time employees victimized by abusive bosses get relief. I feel I have a case here.

REGINA Y., Manchester, CT

Dear Regina:

You'll probably be doing some ranting of your own when you hear my answer. The claim of "infliction of distress/emotional harassment" generally needs to be substantiated by proof of physical threats, threats of violence, racial or ethnic epithets or threats with sexual overtones directed personally at you. Attorney Brian Clemow supports this and reports that in more than a dozen recent court decisions regarding "emotional distress" claims, the courts appear less tolerant of these claims. Most were quickly dismissed! Courts are stating that there is a certain amount of stress in every work environment. Rude, obnoxious people unfortunately, frequently make up part of a workforce.

I don't blame you for not wanting to deal with the kind of tantrums you're describing. If you were really determined to pursue this in the legal arena, you'd have to hire a lawyer. This issue is considered a "common law" claim, not governed by "statute law". While there are federal and state agencies that enforce "statute law", there are no agencies that enforce "common law" issues. Good luck.

Dear Kathryn:

Did someone send out a big press release on flextime or what?! I've been bombarded by employees in the last three months, all clamoring for a flexible work arrangement, including working at home. If I said yes to all the requests I get for employees to work out of the office, the place would be empty.

When I've approved a few workers for flex arrangements it's been because their jobs are heavily computer oriented. I was accused of favoritism towards women as it just so happened they were all female. The reality is their job was easily doable from home.

Give me some realistic guidelines as how to o determine just who qualifies for flexible work arrangements. With every "yea" or "nay" I issue, I feel my decision is being made on the hot seat.

ALAN T., Farmington, CT

Dear Alan:

The formula to analyze whether the work can be done from home is simple.

-Does the work the employee performs require input/interaction from others in the office regularly?

- Is face-to-face employee/manager interaction more beneficial to successfully completing the duties than if the interaction was limited to the phone or e-mail?

- Can the work produced be easily monitored and critiqued if done from another location?

After assessing each individual's job duties, and ability to perform without constant monitoring and management motivation/training, make your decision.

I see the most successful flex work arrangements as those that have the employee physically working at the office at least half the workweek. Employee/manager face-to-face stimulation can't be replaced with a phone call.