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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
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Experience:  Employment/Labor Law Litigation
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My current boss is always angry with me and rude and threatens

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My current boss is always angry with me and rude and threatens to get me fired.
He has called m to be with "No initiative," "not responsible", "don't stay in my office because you cause me tension", "you make mountains over molehills"," you don't follow orders". I have no problem with anyone else in the office. We all get along.

He has only been my boss for about a year- before that I had no problems with the other two bosses- who both have been let go. I have been with the company for five years.

He says he has changed my job description but will not give me the new one. I have not had a job review in two years- nor a raise.

He likes to Skype or email to intimidate me. He demands and says" must be done before you can leave", he is "working at home because he cannot deal with me today."

He has yelled and insulted me in a meeting and in his office. He won't talk to me when he is in the office... once or twice a week- after 2 PM. He emails my coworker with derogatory remarks about me and my performance.

I have several emails of his remarks and several pages of notes I have written.

Since he has become my boss, I have had to take Adivan to be able to sleep at night because I get worked up about going to work and dealing with the daily abuse. I also took a class in meditation for stress. I have rheumatoid arthritis and cannot work more than eight hours a day- at this point. He is aware of my health issues.

DO I have grounds for harassment??

Thanks, Judith deGrenier XXX@XXXXXX.XXX
Submitted: 4 years ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 4 years ago.
You have harassment, that's true enough.

But I need to know what the harassment, in your opinion, is motivated by: your race, religion, gender, age, disability or FMLA use.
Customer: replied 4 years ago.
I I believe that he is just an angry person who needs to find someone to take it out on- that is me. He once told me that the CEO yelled at him for something I was supposed to have done (I did not do this) and he was not going to let the CEO's anger stay with him. He was going to put it on me- where it belongs. The incident involved someone writing a note to the new sales manager about her smoking at the front door and leaving her butts in the shrubs. I did not write this note... but the CEO thought I did and decided that I should no longer be involved in HR. My boss hired a four hour every two week consultant for that part of my job description. I believe that everyone in the factory knows who wrote the note but the direct question has never come to me. So maybe David (my boss) is blaming me for getting yelled at. It also may be that I am a Christian and I am 61. I have also heard him on the phone with his exwife and he yells at her in the same abusive way. I am also the person who has been in the accounting department the longest- although David has been an outside investor relations consultant for ten years.
Expert:  Allen M., Esq. replied 4 years ago.
Regrettably, just being a hate person is not an illegal form of harassment then.

The U.S. Supreme Court has specifically limited the concept of actionable workplace harassment (called Hostile Work Environment) to situations where the harassment is motivated by one of the factors I mentioned.

Without an illegal motivation, there really just isn't a claim (and therefore, no way to compel him to stop). Some states are considering workplace dignity laws that would apply to more generalized harassment, but none passed any such laws at this time.

I'm sorry, but unless you can specifically connect your age or religion to the harassment (for instance, the harassment actuall concerns those categories or you're the only person that age and religion AND the only person he picks on) you wouldn't have a claim.

Edited by Jagcorps_esq on 7/11/2010 at 5:57 PM EST
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 15795
Experience: Employment/Labor Law Litigation
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