fellow employee was shown to have been lying to one of my clients and continuosly arguing over any subject and in intimidating manner
, followed by routine comversations making him hysterical, on later occasion resulted in him then threatening to "knock me out in the parking lot" (the 3rd or 4th time he said this it was recorded and I presented copy of that to employer who did nothing about it.
same employee ever since has been bad mouthing me among industry clients, sabatoging sales efforts, accompained with escalting verbal abuse from ownership, of which I have multiple recordings in hand.
Absent this, unfortunately, the laws do not protect employees from people who engage in conduct such as your boss. While his conduct is undoubtedly inappropriate it is currently not unlawful. This does not mean, however, that you are without hope.
If you were to make a complaint stating that you believe you were being descriminated against because of your "race" or that you believe you are in a hostile work environment due to discrimination based on your "race" where race is any of the protected categories, then any retaliation based on this complaint would be illegal regardless of whether or not you had legitimate grounds to make the first complaint. Then, the same behavior that was legal before this complaint, would become illegal after the complaint as you could make the argument that the new negative behavior was as a result of you making the legally protected claim.
If the harassment then continued, you could file a complaint with the DFEH or get an employment attorney involved. If you decide to hire an attorney, a great resource is www.Martindale.com. This is a nationwide directory that is useful in finding highly qualified legal specialists in various fields of law. The lawyers in Martindale are not selected because they paid to be included, but rather because they have been rated by other attorneys as qualified experts in their field. Consider consulting with two or three different attorneys prior to selecting the one you feel most comfortable with.
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. 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.
Have a wonderful rest of your evening.
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