In Bayer v. City of New York , Hank Bayer alleged he was defamed and suffered emotional distress as a result of his supervisor's misconduct.
(Bayer, a plumber for the New York City Department of Education, claimed his superior repeatedly accused him of misconduct and insubordination.)
When the Kings County Supreme Court dismissed Bayer's case, he appealed to the Appellate Division, Second Department.
The AD2 thought Bayer's claim was time-barred and the defamatory statement was protected by a "qualified privilege" because the supervisor made the remarks to others with an interest in Bayer's work -- and there was no proof the comments were "maliciously motivated."
Since Bayer also failed to show his supervisor's conduct was "extreme, outrageous, and beyond the bounds of human decency," his emotional distress claim also couldn't survive.
Bayer didn't work wonders.
To download a copy of the Appellate Division's decision, please use this link: Bayer v. City of New York