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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 7652
Experience:  Significant experience in all areas of employment law.
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My. Boss is harassing me. At. Work. I have a meeting. In human

Customer Question

My. Boss is harassing me. At. Work. I have a meeting. In human resourses friday at. 2:30.i feel upset. about this. Shes.
Also kept. Me. From. Working overtime. Since last. Year. I feel like sueing. For harassment. And defamation. I feel. Like. Giving up,
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 2 years ago.
Hello and thank you for entrusting me to answer your question. I am extremely sorry to hear that you are being harassed at work.

Can you describe the harassment in more detail? Does it relate to your gender, ethnicity, religion, or something else? Also, what is your specific legal question regarding the situation?

I very much look forward to assisting you regarding this matter.
Customer: replied 2 years ago.
she. Therted. Me. Feels. Like harassment. About going to meeting at office. Shes always like this. I feel im in a corner or backed up againest ya wall no way i feel strongely about this. I want money.
Expert:  Patrick, Esq. replied 2 years ago.
Larry,

Thank you for your reply. I think I have a good idea of the situation now. What is your specific legal question regarding this situation? How can I help you?
Customer: replied 2 years ago.
i want to know if i can get any monatary. Settlement. In regards XXXXX XXXXX
Customer: replied 2 years ago.
no. Its. More her. Using her power in. A way that i wrong. Im just upset about everything. And. My. Boss does what she wants. With no regard how it effets anyone else
Expert:  Patrick, Esq. replied 2 years ago.
Larry,

Thank you for your replies and sorry for my delay in getting back to you. I am incredibly sorry to hear about your boss's disregard for other people's feelings and the verbal abuse that you are being forced to endure. I once worked for a boss that delt with employees in a similar fashion and it was a horrible experience, so I can relate to what you must be going through.

Regrettably, and contrary to what most people believe, there is no requirement of civility in the workplace and no law that prevents employers from being rude or even downright nasty to their employees. This behavior is only prohibited if it relates to an employee's race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age (over 40), or sexual orientation.

The idea behind this law is that the court cannot be the arbiter of every employer/employee dispute. If every time someone was offended or raised their voice they could go to court and sue, the courts has reasoned that we would have thousands of such lawsuits a day.

So for example, if an employer repeatedly screamed that "latino employees are trash" that would be illegal harassment because it is attacking an employee on the basis of their race. But if the employer simply screamed at an employee "you're as useless as trash," that would not be a violation of any law.

Thus, I am very sorry to tell you, but unless you can link the harassment you are experiencing to any of the above "protected characteristics" (race, religion, gender, etc.) then your employers conduct, while reprehensible and classless, is not typically illegal.

I realize that the law is not entirely in your favor here and I am truly sorry to have to deliver bad news. Nonetheless, I trust that you will appreciate an accurate explanation of the law and realize that it would be unprofessional of me and unfair to you to provide you with anything less.

I sincerely XXXXX XXXXX this information helps you and I wish you the best.

If you do not have any further concerns, I would be very grateful if you would give my answer a positive rating and click submit, as this is the only way I will receive credit for assisting you. If you have any additional concerns that you would like me to address, please feel free to let me know by hitting the REPLY or CONTINUE CONVERSATION button and I will be more than happy to continue assisting you.

Finally, please bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.

Thank you and very kindest regards.
Patrick, Esq., Lawyer
Satisfied Customers: 7652
Experience: Significant experience in all areas of employment law.
Patrick, Esq. and other California Employment Law Specialists are ready to help you
Expert:  Patrick, Esq. replied 2 years ago.
Larry,

Kind thanks for your positive rating. Please let me also add that if you do believe you are being harassed on the basis of your gender, ethnicity, relgiion, etc., you can file a complaitn with the EEOC or Department of Fair EMployment and Housing.

For information on how to bring a claim through California's DFEH, visit this link: http://www.dfeh.ca.gov/Complaints.htm For information on how to bring a claim through the EEOC, visit this link: http://www.eeoc.gov/employees/charge.cfm

Again, thank you for choosing Just Answer and I wish you the very best in reoslving this matter with your employer.

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Patrick, Esq.
Patrick, Esq.
2322 Satisfied Customers
Significant experience in all areas of employment law.