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In the case of Washington v. Mitsubishi, former salesmen sued their employer and its employees, alleging fraud and/or misrepresentation, racial discrimination, intentional infliction of emotional distress, and defamation. The former employer and its employees moved to strike certain counts of the complaint. In order to recover for claims of intentional infliction of emotion distress, the former salesmen must establish four facts: (1) the employer intended to inflict emotional distress so that he knew or should have known that emotional distress was the likely result of his conduct, (2) that the conduct was extreme and outrageous, (3) that the employer’s conduct was the cause of the salesmen’s distress, and (4) that the emotional distress suffered was severe.

The former salesmen alleged that they were car salesman for the former employer. The court found that the complaint did not allege facts required for fraud or misrepresentation, namely the false misrepresentation of a known fact made to induce the other party to act upon it, and that the salesmen did in fact act on it to their injury. The racial discrimination claim was deficient as it failed to allege that the salesmen were qualified for the position in question, that despite the qualifications, they suffered an adverse employment decision, and that that decision was made under certain circumstances to give rise to an inference of discrimination. The complaint did not allege that the former employer and its employees intended to inflict emotional distress or that they knew or should have known that emotional distress was likely to result from their conduct. Publication was necessary to establish defamation, and the complaint failed to allege publication.

The motion was granted as to counts alleging fraud and/or misrepresentation, infliction of emotional distress, and defamation.

If you feel you have been mistreated by your employer or in your place of employment and would like to explore your employment law options, contact the experienced employment law attorneys today at 203-221-3100, or by email at [email protected]. We have the experience and knowledge you need at this critical juncture. We serve clients in both New York and Connecticut including New Canaan, Bridgeport, White Plains, and Darien.

Source: Washington v. Mitsubishi, 2003 Conn. Super. LEXIS 1068, 2003 WL 1994507 (Conn. Super. Ct. Feb. 21, 2003)