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LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 27889
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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Customer Question

What do I do when someone man handles me in workplace?
Submitted: 2 years ago.
Category: California Employment Law
Expert:  LawTalk replied 2 years ago.
Good morning,

I'm sorry to hear of the situation.

Are you referring to someone touching you in a sexual way, or beating you up or?

Doug
Expert:  LawTalk replied 2 years ago.
What do you mean that a man "handles you"?
Customer: replied 2 years ago.
Referring to a brand new manager (on job for 2 days) who knowingly ran after me as I walked out of her office after i had confronted her about her decision not to communicate with me and to then send an email to all staff. I confrontdd sbout her decision not yo discuss this with me as i am responsible for planning a company ( cinco de mayo) event. She embarrassed me in front oc everyone and accussed me of not knowing which event to book for cinco de mayo. I took back the flyer I had given her about the event and walked out of the office. This was when she came flying out from behind her desk and came from behind to retrieve the flyer. Doing so in the passsgeway and in front of five other staff. I complained to her plaining about her sending out an email without telling me or discussing this with me. Unfotunately the boss hsd approved this but i wanted to tell her to be more. Respectful of me in and she then further embarrassed me and said I was not involved as I didn't know what I was doing. Shes new and trying to pull rank but is offensive in her msnner and tried yo upstage me. She purposely went behind my back to upstage me and try to knowingly accuse me of making the wrong decision about plans for this company even which was booked 3 weeks ago.. She is boss ' s ex girlfriend and is jealous of me as i his current g/friend. It a medical practice and should be more respecting of me but is not. I do marketing but she is new and is trying to price point. Being current g/friend is also problem and doesn't help. But she has no right yo touch me and man handle me and what do i write in a formal letter of complaint to her and putting her on notice to show me respect and not embarrass me.she has spread rumors in office about her ex relationship with boss and I and is in retaliatory mode towards me. I need to set boundaries for her but do not know how to do so without offending boss and putting him in difficult position yet I need to earn respect from fellow staff and not allow her to be so disrespectful of me or my role.
Expert:  LawTalk replied 2 years ago.
Good morning,

Many people are under the mistaken impression that if they are not treated well at work, or if they are gossiped about or berated by fellow employees or their boss, that as a consequence they are being subjected to a Hostile Work Environment and have a viable legal claim as a result. Actually, that is not the case.

The US Supreme Court has held that harassment and hostile environment laws were not meant to create a code of civility within the workplace. The phrase “Hostile work environment" is legal terminology, and relates to discrimination which is federally prohibited—race, color, national origin, religion, sex, age or disability. Absent proof that the hostility you complain of relates to one of the prohibited acts of discrimination, then I’m afraid that you have little solid ground to stand on with regard to legal redress.


Your issues are purely internal-political (office politics) and there is no legal remedy, I'm afraid. You should speak with your boss about the issue, but unless the boss is willing to do something, it appears that you will simply have to deal with the jealousies of an ex.

I wish you the best in 2012.

I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation, nor was it what I sensed you were hoping to hear. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.

Thanks Again,

Doug

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