Workplace Torts

At workplaces, both employers and employees have various rights and
obligations. These rights and obligations are subject to state law. To avoid legal liability,
an employer should ensure that the employee’s rights are respected and granted. An
employee can take legal action against their employer seeking damages if their rights
have been violated (Cihon & Castagnera, 2016). One of the common workplace torts is
the intentional infliction of emotional distress. Below is a policy for the employer that
balances both the employer’s and employee’s rights.
Employee’s Rights

Rate of Pay
The law stipulates a minimum wage rate for every employee. Employees have a right to
this minimum wage.
Leave
Every member of staff is entitled to yearly leave, sick leave, and paternity or maternity
leave subject to federal and state law. Denying an employee leave where it’s due and justifiable
can cause emotional distress.
Safe working environment
Employees have a right to work in a safe environment free from danger, noise pollution,
toxins, and other factors in the environment that may cause harm to their health and well-being.
The employer will be liable for any injury suffered by the employee in the workplace. The
employer will compensate the employee in case of such incidents.
No discrimination

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The employee has a right not to be discriminated against at the workplace. This is subject to
state and federal laws.

Employer’s rights

Appoint and terminate rights
The employer has the right to make appointments and terminate the employee’s contract as
agreed on the employment contract. He can terminate the employment if the performance of the
employee is below average. The termination should not involve intimidation and threats as this
may cause emotional distress to the employee.
The above policy ensures that the employee and employer’s rights are well balanced to
ensure that they are respected. At the same time, the employer is well protected from legal
liability. Denying an employee their rights may give rise to the tort of infliction of emotional
distress.

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References

Cihon, P. J., & Castagnera, J. O. (2016). Employment and labor law (6th ed.). Cengage Learning.