Moral and punitive damages against employers who lack empathy or show maliciousness may be becoming more common
Background
Bad faith and punitive damages were, at one time, an anomaly, but they appear to be arising with greater frequency. In addition judges are not setting stringent thresholds for proving mental distress. While it may seem to some that there is little distinction between moral and punitive damages, it is more important than ever to clearly understand and avoid the kinds of conduct that will attract the ire of judges.