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Labor/Employment

Jul. 8, 2000

Insulating Employers

Defense counsel in harassment cases should attack a claim for intentional infliction of emotional distress on the basis that the conduct falls outside of the course and scope of employment. In that way, unless the employer has somehow ratified the misconduct, the employer should prevail either on demurrer or summary judgment.

By Julian B. Bellenghi and Marc D. Mootchnik
        Defense counsel in harassment cases should attack a claim for intentional infliction of emotional distress on the basis that the conduct falls outside of the course and scope of employment. In that way, unless the employer has somehow ratified the misconduct, the employer should prevail either on demurrer or summary judgment. This tactic is an alternate to th...

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