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P. Simmons
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Category: Criminal Law
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Experience:  16 yrs. of experience including criminal law.
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Am I elligible to make a "Employee Verbal Abuse" claim if a

Resolved Question:

Am I elligible to make a "Employee Verbal Abuse" claim if a CFO of a very large SEC corporation that said, "You'r a f**kin idiot". I have been a 600+ hour consultant for this
corporation for over 5 years and this CFO feels that he can say whatever he wishes for
consultants that are contracted through third an intermediary party. All that the intermediary party really does is pay me and makes the difference from the corporation.

What are my legal rights and can I make a claim or make a formal complaint under the "Sarbanes-Oxley" Whistle-blower act. This is not the first time this has happened to me or others and he is a highly very verbal abusive individual. I have witnesses for this statement and the reason he said this to me was as a result of a very insignificant issue, which not even his own Controller was aware of the answer to the issue I was insulted over.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  P. Simmons replied 1 year ago.
Thanks for the chance to assist on this matter. I am an attorney with over 12 years experience in criminal law.

Can you tell me please what state this happened in?
Customer: replied 1 year ago.


THis occurred in Miami, Florida.

Expert:  P. Simmons replied 1 year ago.
Thank you sir

What you describe is not a violation of Sarbanes-Oxley. This federal law is designed to protect shareholders and the general public from accounting errors and fraudulent practices of companies. So it is not geared to "abuses by bosses"

And frankly, none of the various state and federal laws that provide "whistleblower protection" will apply in the circumstances you describe.

The majority of federal and state (FL state) laws that provide whistleblower protection are designed to protect employees who "blow the whistle" on misconduct by corporate executives. Specifically, the laws prohibit adverse action against an employee who reports misconduct

So an employer who verbally berates you, just because they are a jerk, would not invoke whistleblower protections

The state and federal laws that protect employees from abusive treatment are all geared to a protected status.
There are several federal and state laws that prohibit an employer from basing decisions on compensation/promotion for employees on race, ethnicity, national origin, religion or gender.
The Civil Rights Act of 1964 (Title VII) is the main Federal law that applies.

FL has a similar law.

But both laws require you show you are part of a protected class. For example, if you are over 40 and they are treating you this way because you are over 40. Or if you are a particular religion and again they are treating you this way based on your religion. Then you can file an employment discrimination claim.

But if this is just a boss being a jerk?

No law against that.

Frankly, there are many bosses who are jerks...and there is not a law that would allow you to sue over that. You can only sue if you can tie this to a protected status, again like race, religion, gender, national origin or some other protected class.

Sorry to have to bear bad news
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 26840
Experience: 16 yrs. of experience including criminal law.
P. Simmons and 7 other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.


Thank you.

Expert:  P. Simmons replied 1 year ago.
You are welcome.
Please let me know if you have more questions, if not please rate the answer so I get credit for my work.

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