Author: Aamod Pande, Student at Symbiosis Law School, Noida
ABSTRACT
This article delves into the significant issue of emotional distress damages in wrongful termination cases, a topic often overlooked in legal discourse. It examines whether employees can claim compensation for the mental anguish caused by wrongful termination, alongside economic damages. The article has been related to the Indian legal provisions, where it explores the existing legal framework and its limitations in addressing emotional distress. The analysis of landmark cases and scholarly opinions, have observed that courts have traditionally undervalued emotional distress, considering it intangible and challenging to quantify. However, it also uncovers instances where courts have indirectly recognized emotional distress in other contexts, such as defamation and malicious prosecution. The article discusses the evidentiary burden faced by employees, including the need to prove mental harm through medical records, testimonials, or other concrete evidence, while also addressing the invasive scrutiny often employed by employers during litigation.
