Can I Sue My Employer for Stress in Texas? What You Need to Know
March 28, 2025
  • Evan Lange By Evan Lange
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Can I Sue My Employer for Stress in Texas? What You Need to Know

Workplace stress is incredibly common—but when that stress becomes overwhelming, constant, or caused by illegal behavior, it may cross the line into a legal issue. If your mental or emotional health has been seriously impacted by your job, you may be wondering: Can I sue my employer for stress?

The answer depends on the source of the stress, your employer’s actions, and whether they violated any Texas or federal employment laws. Here’s what you need to know.

Is Stress Alone Enough to Sue?

Unfortunately, stress by itself is not usually enough to sue your employer. Texas law doesn’t allow employees to take legal action simply because their job is stressful.

To have a valid case, your workplace stress must be tied to illegal conduct or negligence by your employer. For example:

  • Harassment or discrimination

  • Retaliation

  • Unsafe working conditions

  • Intentional infliction of emotional distress

  • Failure to accommodate a medical condition

So while you can’t sue for normal job pressure, you may be able to sue if the stress is the result of unlawful or extreme behavior.

Legal Grounds for Suing an Employer Over Stress

Let’s explore the most common legal bases for suing an employer over job-related stress in Texas:

1. Hostile Work Environment / Harassment

If you’ve experienced severe or pervasive harassment, the resulting stress may be actionable. This includes:

  • Sexual harassment

  • Racial or ethnic harassment

  • Verbal abuse or bullying

  • Threatening behavior by coworkers or supervisors

To qualify, the harassment must be based on a protected characteristic (such as race, sex, religion, or disability) and must be serious enough to create a hostile work environment.

2. Retaliation for Reporting Illegal Conduct

If you’ve reported harassment, discrimination, wage violations, or unsafe work conditions—and your employer retaliates—this may result in severe emotional distress.

Examples of retaliation include:

  • Termination

  • Demotion

  • Schedule changes

  • Verbal harassment or isolation

Employees who suffer stress from retaliation may be eligible to sue for emotional distress damages.

3. Unsafe or Toxic Work Conditions

Texas employers must provide a safe and healthy work environment under OSHA and state regulations. If your workplace is:

  • Physically dangerous

  • Overly demanding without breaks

  • Emotionally toxic or abusive

…and your employer does nothing to fix it, they may be held liable for the harm caused.

4. Failure to Accommodate Medical or Mental Health Conditions

If you’ve requested reasonable accommodations for a mental health condition, anxiety disorder, or PTSD, and your employer denies or ignores the request, you may have grounds for a lawsuit.

This falls under the Americans with Disabilities Act (ADA) and may include stress-related claims if they escalate due to your employer’s inaction.

5. Intentional Infliction of Emotional Distress (IIED)

This is a high legal standard—but it’s sometimes used in extreme cases where an employer’s conduct was:

  • Outrageous

  • Reckless

  • Intentionally harmful

Examples might include a supervisor who publicly humiliates or threatens an employee repeatedly. You’ll need to prove that the behavior was beyond what’s legally acceptable, and that it caused you severe emotional suffering.

What You Must Prove to Win a Workplace Stress Case

To win a lawsuit, you’ll generally need to show:

  1. Your employer acted unlawfully or negligently

  2. You suffered severe emotional distress (not just normal stress)

  3. There’s a clear link between their actions and your emotional harm

  4. You reported or attempted to resolve the issue internally

Strong documentation is critical, including emails, performance reviews, complaints to HR, witness statements, or medical records.

What Can You Recover in a Lawsuit for Workplace Stress?

Depending on the facts of your case, a Texas employment lawyer may help you recover:

  • Lost wages (if you quit or were terminated)

  • Medical costs (therapy, prescriptions, psychiatric treatment)

  • Pain and suffering

  • Punitive damages (in extreme cases)

  • Legal fees and costs

💡 Important: If you also experienced retaliation, discrimination, or wrongful termination, you may be entitled to additional damages.

Can You Get Workers’ Compensation for Stress in Texas?

Texas has optional workers’ compensation laws, and stress-based claims are difficult to win unless the stress results from a traumatic workplace incident (e.g., violence, injury, or witnessing a death).

Your best route is often a civil claim if the stress stems from harassment or unlawful actions by your employer.

How a Lawyer Can Help You Sue for Stress

An employment attorney can:

  • Evaluate whether your stress claim meets the legal standard

  • Help document and calculate your emotional distress

  • File complaints with the EEOC or Texas Workforce Commission

  • Negotiate a settlement or pursue litigation

  • Protect you from employer retaliation

At The Lange Firm, we listen compassionately and act aggressively to protect your rights. We understand how devastating job-related stress can be, especially when it’s rooted in mistreatment or legal violations.

Final Thoughts: Can You Sue for Stress in Texas?

Yes—but only under certain conditions. If your stress is tied to discrimination, harassment, retaliation, or other illegal conduct, you may be able to take legal action. That said, these claims are complex and require clear documentation and legal strategy.

If you’re unsure whether your situation qualifies, contact The Lange Firm for a confidential consultation.

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