United States: Sales Executive’s Claims for Negligent Hiring and Emotional Distress Held Barred

A federal court sitting in Nevada dismissed a sales executive’s cause of action against his former employer for negligent hiring, training, supervision, and retention of another employee and dismissed as well a claim that the former employer was liable for intentional infliction of emotional distress (IIED), finding that all the claims are precluded by Nevada’s workers’ compensation statute (the “Nevada Act”). Taking as true the executive’s allegations that his supervisor repeatedly used sexual innuendo, referring to her subordinates as “her boys,” that she inappropriately touched, hugged and kissed him and that she suggested the executive’s future with the company would suffer if he continued to refuse to have sex with her, the district court said the allegations amounted only to negligent retention and negligent infliction of emotional distress. The exclusive remedy provisions of the Nevada Act preempted those claims.

Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is the co-author of Larson’s Workers’ Compensation Law (LexisNexis).

LexisNexis Online Subscribers: Citations below link to Lexis Advance.

See Recalde v. Marriott Ownership Resorts, Inc., 2016 U.S. Dist. LEXIS 48983 (April 11, 2016)

See generally Larson’s Workers’ Compensation Law, § 104.05.

Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law.

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