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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5222
Experience:  Extensive experience representing employees and management
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I feel my new supervisor does not like me and is setting me

Customer Question

I feel my new supervisor does not like me and is setting me up to fire me. She asks questions age related like"if the job is too much for you, let me know right away!...she has threatened my job twice over nothing. I have been so upset over all this for the last month, I am now experiencing panic/anxiety attacks, dr has given me time off and I now have to take a new medication. I have never had this problem before...more to the story.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello and welcome to JustAnswer.

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

My goal is to provide you with excellent service.

Can you please let me know what question you have regarding your situation?
Customer: replied 1 year ago.


?? I sent more info

Expert:  Joseph replied 1 year ago.
I didn't receive anything. (That happens periodically due to site issues). Please retype and resend it.
Customer: replied 1 year ago.


Good morning Joseph,


 


Just background on me,..I have been doing property management since 1988. I have had an award winning property, with HUD inspection scores always being 97-98 out of 100, and admin reviews being "superior" which is rare.


 


My original supervisor went out on medical leave and a new supervisor was brought in, and her treatment of me has been demeaning, humiliating and rude. She tells me off over wrong information n, then realizes she is wrong and does not apologize. I have 4-5 complaint leltters I have already written to corp and HR. She has threatened my job twice over the last month for no good reason. I think its age related as she has made the comment to me "If the job is to much for you , let me know right away...why? so she can fire me?


 


Do to all the stress this has brought on me, I am now having insomnia, panic/anxiety attacks...even just being in the office. I feel its a hostile environment, and now my maint man is being rude to me after I saw him talking to my supervisor?


 


What do you think? Would I have a claim of discrimination and harrassament? I am filing a claim with the EEOC, ..corp offered to send me workers comp info, but I found out you cant file a workers comp stress claim unless you have been on the job for 6 months? Is that true? I was initially hired 5/6 by one company and that company sold its business to this new company , so its been 3 1/2 months.


 


I have never had panic/anxiety attacks before and now I am on a new medication for it, its that bad.


 


your thoughts?


 


Thank You,


 


Crystal

Expert:  Joseph replied 1 year ago.
Hello Crystal,

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

Congratulations on the success over the years, and I'm sorry to hear that you now have a supervisor who fails to appreciate you and your hard work.

Unfortunately, unless the treatment from your supervisor is due to your age, you wouldn't have a cause of action against your employer for her treatment of you. This is because, contrary to popular belief, there is no code of civility in the workplace. So, there is nothing illegal about your supervisor treating you negatively, or even setting you up to fail, unless she is doing that because of your age (or another protected characteristic).

What you mentioned about her comment that the job is too much for you does not on it's face indicate age discrimination. (A comment like, 'are you young enough for this job,' or something along those lines definitely would). That's because it doesn't actually mention your age and may be referencing another reason why you supervisor may believe the job is too much for you.

It seems like workers' compensation would probably be the better route to go (unless you can document some other instances that appear to be more evidence of age discrimination). There is no limitation on how long you are on the job before you can file a workers' compensation claim. (If this were the case, you could have a worker who is paralyzed on his first day of work, but wouldn't be able to file a workers' compensation claim, which is not the purpose of workers' compensation).

So, considering you are suffering from panic and anxiety attacks, which you never have before, and there seems like there is clear evidence that this is due to the treatment of your supervisor, you have a great basis for a workers' compensation claim. Additionally, you are protected from retaliation for filing a workers' compensation claim, as you are with with filing a claim with the EEOC and/or DFEH.

Personally, I don't see a sufficient amount of evidence to support an age discrimination claim in violation of the Age Discrimination in Employment Act from what you've mentioned. However, if you start an investigation, it's possible for the DFEH and/or EEOC to turn up additional evidence, so it's probably still worthwhile, I just wouldn't get your hopes up too high.

Your chances of obtaining workers' compensation are much greater than your chances of proving age discrimination.


I realize the above information is not what you wanted to hear and I sincerely XXXXX XXXXX had better news to give you, but I hope you appreciate an honest and direct answer to your question. It would be unprofessional of me and unfair to you to provide you with anything less.
Please let me know if you have any follow up or clarifying questions as I want to ensure that you are completely satisfied with my service.

If not, please remember to rate my answer positively so I get paid for my work. (If I don’t receive a positive rating, I get nothing for assisting you, as I only receive payment for questions with positive ratings. Even if you made a deposit, it is still necessary to rate me positively for me to receive payment from your question).

Thanks and best of luck!
Joseph, Lawyer
Satisfied Customers: 5222
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you
Customer: replied 1 year ago.


Thank you! Why would someone tell me I could not file a workers comp case? That is good news.


 


Thank you very much.


 


Crystal

Expert:  Joseph replied 1 year ago.
Thank you. Happy to help and best of luck!

Thank you for your positive rating of my service. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should you have future legal questions.


Please request me directly by placing “to Joseph” at the beginning of your question and/or requesting me directly in California Employment Law.

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and best of luck,

Joseph

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Joseph
Joseph
California Employment Lawyer
5222 Satisfied Customers
Extensive experience representing employees and management