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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4986
Experience:  Extensive experience representing employees and management
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I worked for a company for 2 years with I was constantly hassled by my manager, he was har

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I worked for a company for 2 years with I was constantly hassled by my manager, he was harder on me than the rest of the team and the team could witness this. He constantly farted, touched himslef, picked his nowe, called me an idiot, used foul language, stayed at the office and didn't shower for the following work day, made raciest comments, etc...and I have documented all this, do I have grounds to sue the company. At one point Security and the loca lpolice were involved because it was so bad that I actually told my medical cerrier that I wanted to commit suicide.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello and welcome to JustAnswer.

I'm very sorry to hear about your situation and hope I can help.

do you have any reason to believe that the treatment that you endured was due to discrimination based on a protected characteristic? Or do you believe that any of your manager's treatment was sexual harassment?
Customer: replied 1 year ago.


Yes he hired me to be his protege and appartently I was meeting those standards, thus the different treatment

Expert:  Joseph replied 1 year ago.

Hello Carole,

Thanks for the additional information. To be more specific, by protected characteristic I meant race, gender, national origin, ethnicity, or sex. Were you treated differently for any of those reasons?

Customer: replied 1 year ago.


it was uncomfortable being with him when he did his "ball scratching, and farting".


 


He made racist remarks that were uncofortable, but not towards me. I beleive he thought me to be uneducated and therefore made a mistake hiring me.


 

Expert:  Joseph replied 1 year ago.
Hello Carole,

Unfortunately, the treatment that you describe while very unethical and inhumane is not illegal.

Contrary to popular belief there is no legal code of civility in the workplace, and the employment at-will doctrine actually enables employers to treat employee however (badly) they choose to treat them.

Since you don't believe that you were discriminated against on the basis of a protected characteristic any cause of action that you would have would be substantially limited and very difficult to prove.

However, since you informed your medical carrier about sucidial leanings, you would have a basis for a suit for negligention and/or intentional infliction of emotional distress, as long as you can prove that your manager's behavior was so outside the norm to be consider outrageous.

Stil, as I menitoned this is a difficult cause of action to prove and a hard one to get a lawyer interested in, but you do still have the potential makings of a case.
Joseph, Lawyer
Satisfied Customers: 4986
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you

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