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Category: California Employment Law
Satisfied Customers: 933
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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what do I do if a supervisor keeps screaming at me and cussing

Customer Question

what do I do if a supervisor keeps screaming at me and cussing and keeps telling me I got to retire. I've got 18months or less left. I been with the company for 36yrs. This supervisor does not do this with my coworker or dispatchers @ other plants
Submitted: 11 months ago.
Category: California Employment Law
Expert:  Brandon, Esq. replied 11 months ago.

Brandon, Esq. :

Hello, my name is XXXXX XXXXX it will be my pleasure to assist you today. My goal is to provide you with excellent service. Are you online with me today?

Brandon, Esq. :

First, let me say that I am terribly sorry to hear that you are in this situation. It is a shame when an employer does something without legitimacy, especially when that action is quite frankly wrong. The best thing to do here is to either give a formal complaint in writing to the hr department titled "Complaint of discrimination based on age" or file a complaint directly with the DFEH for age discrimination. This can be done here:

Brandon, Esq. :

The reason I say this is because it is illegal to harass or create a hostile work environment against an individual because of their age (or gender, race, religion, genetic information, pregnancy, national origin, creed, or disability). It is not illegal to harass a person in such a manner for a non protected category. The courts have made very clear that they will not be the arbiters of general claims for unfairness or harassment that is not premised on a protected trait such as race or religion, reasoning that if workplace unfairness/harassment could form the basis for legal action, we would see thousands of such lawsuits every day. This is certainly not to diminish your concerns or complaints, but rather to explain the policy behind the law, which may assist with your understanding.

Brandon, Esq. :

So, if you make a complaint to hr or to the DFEH, or to the EEOC about age discrimination, then your supervisory must stop telling you have to retire or he risks subjecting the company to a lawsuit for discrimination.

Brandon, Esq. :

Further, if you have proof that the complaint was made (in writing to hr through an email or letter sent certified return receipt, or through the EEOC or DFEH) your employer would be prohibited from retaliating against you, and any retaliation would open the company up to litigation. If this does happen, then you would want to 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 willing to take your case prior to selecting the one you feel most comfortable with.

Brandon, Esq. :

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, please do not forget to provide my service with a positive rating, as this is the only way I will receive credit for assisting you.

Brandon, Esq. :

Have a wonderful rest of your day.

Customer :

I told you I couldn't go to anyone higher in the company. It would only make things worse. Further more this amount of time it took to receive the answer was to long. I'm not happy with the service or the answer and would like my money refunded.

Expert:  Brandon, Esq. replied 11 months ago.
Our chat has ended, but you can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information.

What happens now?

If you haven’t already done so, please rate your answer above. Or, you can reply to me using the box below.
Expert:  Brandon, Esq. replied 11 months ago.
I am terribly sorry to hear that. Unfortunately, you will have to contact customer service for a refund and they will be happy to take care of you. I cannot do anything about that on my end.

As for not being able to contact anyone else on your end, this is why I provided you a link to the DFEH. You can make a complaint directly with them which will not only start an investigation into this and make the behavior stop, but it will also give you job protection. This way, if your employer engages in any adverse employment action against you you would be able to bring a claim for age discrmination under the ADEA, and for retaliation.

I wish you all the best, XXXXX XXXXX that customer service takes care of your issue promptly.

Have a wonderful rest of your day.

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