(concurring in part, dissenting in part). While I concur in the reasoning of the court concerning defamation, false imprisonment, and malicious prosecution, I believe the court errs in its analysis of the intentional infliction of emotional distress. The court invades the jury’s fact-finding province by concluding that the evidence is consistent with Polaroid’s hav*107ing made a good faith effort to employ Foley in a manner consistent with Polaroid’s legitimate business concerns. Ante at 100. In my view, that conclusion is for the fact finder, not the appellate court. Because the court substitutes its judgment for that of the fact finder, I dissent.
After the jury returned its verdict finding Polaroid liable for intentional infliction of emotional distress, the judge denied Polaroid’s motion for judgment notwithstanding the verdict. In our review of the judge’s action, we must consider whether “[crediting all the evidence favoring the non-moving party, and allowing him all reasonable inferences from such evidence, would the jury be warranted in finding for that party?” J.W. Smith & H.B. Zobel, Rules Practice § 50.2, at 197 (1977). It is clear that if the evidence of intentional infliction of emotional distress is viewed in the light most favorable to the plaintiff, a jury question is presented. See Hartmann v. Boston Herald-Traveler Corp., 323 Mass. 56, 59 (1948). The court states that the trier of fact is entitled to put “as harsh a face on the [defendant’s actions] as the basic facts would reasonably allow,” ante at 100, quoting Richey v. American Auto. Ass’n, 380 Mass. 835, 839 (1980), yet the court then proceeds to state the evidence in a light more favorable to Polaroid than that to which it is entitled.
As the court notes, ante at 97, there was evidence that Polaroid informed the plaintiff that if he were found not guilty, he would be returned to his former position. Yet, after the plaintiff was acquitted, the plaintiff was not returned to his former position. Instead, there was evidence that he was assigned to a different facility where there was no area for him to work and where there was no work for him to do. The plaintiff was seated at a desk in the corridor where he was stared at, talked about, and harassed by other workers.1 The plaintiff had virtually nothing to do for four months. He was ordered to clean and inventory a dirty comer of a warehouse, a task not within his training or ability nor assigned to other *108coworkers of his status. At the time he was assigned the cleaning, he was wearing a three-piece suit. Again, this assignment could be viewed as harassing and humiliating. At work, management officials ignored Foley, speaking only to the individuals with Foley while deliberately snubbing him. Further, while the plaintiff had as many as fifteen different interviews for jobs within the company, a company management official stated that he was prepared to block any possible promotion for the plaintiff. Two upper management officials informed the plaintiff of their belief that the plaintiff was guilty of the charges despite his acquittal and that he would never be promoted. Foley suffered an emotional breakdown and was forced to take a medical leave of absence from work. The Polaroid psychiatrist found that Foley was suffering from “moderately severe agitated depression.” Finally, company officials taunted the plaintiff with his inability to bring a successful suit against a company of Polaroid’s size.2
Based on this evidence, I think the judge properly submitted the issue of intentional infliction of emotional distress to the jury.3 See, e.g., Boyle v. Wenk, 378 Mass. 592, 597 (1979); *109Agis v. Howard Johnson Co., 371 Mass. 140, 145 (1976). The upper management officials mistreating Foley were embarking on a deliberate course of conduct. Thus, there is evidence of enough intentional conduct to remove Polaroid’s treatment of Foley from cases involving the ordinary trials and tribulations of the workplace. “Because reasonable men could differ on these issues, . . . ‘it is for the jury, subject to control of the court,’ to determine whether there should be liability in this case.” Agis, supra, quoting Restatement (Second) of Torts § 46 comment h (1965). “It is for the court to determine whether on the evidence severe emotional distress can be found; it is for the jury to determine whether, on the evidence, it has in fact existed.” Restatement (Second) of Torts § 46 comment j (1965). See, e.g., Boyle, supra at 597. See also Borras v. Sea-Land Serv., Inc., 586 F.2d 881, 885 (1st Cir. 1978); Smith v. Montgomery Ward & Co., 567 F. Supp. 1331, 1334-1335 (D. Colo. 1983). The trial judge who saw the witnesses could conclude that there was enough evidence to permit this to go to the jury. The record before us is cold and sterile. The propriety of Polaroid’s management intentional conduct presents issues which “are mainly factual, and the conscience of the community — the jury — must be brought to bear, and the issue should not be resolved by the court.” Smith, supra at 1335. After all, who better to determine that issue than people from all walks of life with all types of work experience.
The court makes a factual determination that Polaroid’s actions were made in good faith.4 On the evidence admitted at trial, the jury could find that Polaroid acted in good faith or the jury could find that Polaroid’s conduct was extreme and outrageous and designed to humiliate Foley publicly. The jury could properly conclude that such conduct was unjustified and, as a result, impose liability. The jurors who saw the witnesses *110were entitled to resolve the credibility issues. The court’s decision also pays no deference to the judge’s determination that the evidence was sufficient.
Although it is not explicitly stated, in my view, the court is concerned with the amount of the jury verdict. The remedy for that defect is not to invade the province of the jury, but to remand the case for remittitur or new trial. See Mass. R. Civ. P. 59 (a), 365 Mass. 827 (1974). Because in the light most favorable to the plaintiff there was “evidence worthy of consideration” on the claim of intentional infliction of emotional distress, the judge properly submitted this issue to the jury. See Hartmann, supra.
“The jury system [which] has for some hundreds of years been constantly bringing the rules of law to the touchstone of contemporary common sense[,]” 1 W. Holdsworth, A History of English Law 348-349 (3d ed. 1922), requires judges be respectful of the jurors’ factual determinations. Because this court usurps the jury’s fact-finding function, I respectfully dissent.
Polaroid contends that no one at this facility had a private office. Nevertheless, no one was seated in the corridor. The question whether this amounts to public humiliation is a question for the jury.
In addition to these specific instances of conduct, behavior which amounts to an abuse of Polaroid’s authority and power over the plaintiff must be considered in determining whether a cause of action for intentional infliction of emotional distress exists. See, e.g., M.B.M. Co. v. Counce, 268 Ark. 269, 281 (1980); Agarwal v. Johnson, 25 Cal. 3d 932, 946-947 (1979); Hall v. May Dep’t Stores, 292 Or. 131, 138 (1981); Restatement (Second) of Torts § 46 comment e (1965); Prosser, Insult and Outrage, 44 Calif. L. Rev. 40, 47 (1956). Some courts have concluded that the plaintiff’s status as an employee entitles him to greater protection from insult and outrage than if he and the defendant were strangers. Alcorn v. Anbro Eng’g, Inc., 2 Cal. 3d 493, 498 n.2 (1970); Hall, supra.
This case is not controlled by our decision in Richey v. American Auto. Ass’n, 380 Mass. 835 (1980), as Polaroid contends. In Richey, the employee missed work for one month, without giving the employer prior notice of his absence, which resulted in his discharge. Richey, supra at 838. We concluded that those facts did not constitute a jury question on intentional infliction of emotional distress. Here, Foley appeared at work ready and willing to assume his prior position. Moreover, Foley evidenced a willingness to do any work to which Polaroid would assign him. The evidence of Polaroid’s repeated harassment and humiliation of Foley makes the Richey case inapposite.
The employment between the plaintiff and Polaroid was terminable at the will of either party. See Fortune v. National Cash Register Co., 373 Mass. 96, 100 (1977); Fenton v. Federal St. Bldg. Trust, 310 Mass. 609, 612 (1942). Although both the employer and the employee had the power to terminate the employment relationship, that does not preclude inquiry by the jury or the court into actions taken which fall short of termination.