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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 11029
Experience:  Significant experience in all areas of employment law.
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My boss has said things to me like, "The only thing you seem

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My boss has said things to me like, "The only thing you seem to be able to remember is when you and I have a different memory of something." and, " ". In her e-mails she has accused me of choosing not to follow her directives when in fact I simply forgot or hadn't had time to address it. She uses sarcasm with me and is rude. She has other staff members reporting to her about my activities. now she is telling me I have to perform a job duty for which I am unqualified and when there is someone available who is. The environment is tense and hostile at times. I'm trying hard to do my best and the vast majority of my work is very good. It feels like she just doesn't like me because I made one mistake, (which I corrected) early on and now she's looking for a way to justify letting me go or to punish me. Does this sound like harassment to you?
Hello and thank you for entrusting me to answer your question. I am so sorry to hear abotu your extremely unpleasant boss. I have had very difficult managers in the past myself, and so I think I can relate what you are going through.

Unfortunately, the legal definition of "harassment" is extremely narrow and would not encompass what you have described. More specifically, the law only recognizes claims for hostile work environment or discrimination if the behavior is occuring because of 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.

Unfair, rude or disrespectiful treatment for any other reason, despite being extremely unprofessional and uncalled for, is not ordinarily illegal, regardless of how severe it becomes. If suit were filed on the basis of the facts described, it would be immediately dismissed, potentially subjecting the filer to the costs and fees of the other side.

I am afraid that absent a showing that this treatment is related to race, religion, gender, etc., there are no legal remedies, only interpersonal remedies such as reporting this conduct to HR or a higher-up supervisor.

I am terribly sorry to deliver this news to you, as I realize it is not what wanted to hear. Nonetheless, I trust that you will appreciate my limitations is explaining how the law actually operates under these circumstances, despite the law not being favorable to your circumstances. Indeed, to provide anything less would be unfair to you and unprofessional of me.

Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, I would be most grateful if you would remember to provide my service a positive rating, as this is the only way I will receive credit for 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.
Customer: replied 3 years ago.

That's what I thought, Thank you


You are very welcome and again I am so sorry I could not provide you with more favorable news. If you do not have any additional concerns, I would be most grateful if you would remember to provide a positive rating of my service so that I may receive credit for assisting you.

Kindest regards XXXXX XXXXX best wishes to you moving forward.
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