Summary
holding that in the context of alleged employee harassment and intimidation, an "allegation of 'a hard slap on [plaintiffs] backside,' during an outburst of rage" was not sufficiently outrageous to establish a claim of intentional infliction of emotional distress
Summary of this case from Holden v. ThacherOpinion
December 7, 1995
Appeal from the Supreme Court, New York County (Carol H. Arber, J.).
This is a case of alleged employee harassment and intimidation, leading to forced resignation. While we reject the notion that the Workers' Compensation Law provides an exclusive remedy for such intentional torts ( Thompson v Maimonides Med. Ctr., 86 A.D.2d 867, 868; see, Orzechowski v Warner-Lambert Co., 92 A.D.2d 110, 112), the facts fall short of the rigorous standard of outrageous conduct necessary to maintain a cause of action for intentional infliction of emotional distress ( see, Howell v New York Post Co., 81 N.Y.2d 115, 121-122). The general rule is that an employee at will may be discharged "at any time for any reason or even for no reason" ( Murphy v American Home Prods. Corp., 58 N.Y.2d 293, 300), and courts will closely scrutinize complaints which seek to circumvent this rule with allegations of intentional infliction of emotional distress (58 N.Y.2d, supra, at 303; Ranieri v Lawlor, 211 A.D.2d 601; Hurwitch v Kercull, 182 A.D.2d 1013, 1014-1015).
We agree, however, that the allegation of "a hard slap on [plaintiff's] backside," during an outburst of rage by the individual defendant, met the criteria of offensive and intentional bodily contact ( Masters v Becker, 22 A.D.2d 118, 120) in stating a cause of action for assault and battery.
Concur — Ellerin, J.P., Wallach, Ross, Nardelli and Tom, JJ.