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JPEsq
JPEsq, Lawyer
Category: Employment Law
Satisfied Customers: 5104
Experience:  Experience as both corporate in-house counsel and private counsel
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can i sue my employer for my boss swearing at me all the time.

Customer Question

can i sue my employer for my boss swearing at me all the time. can i argue that as a hustle work environment. I talk the district manager and he told me that i can either his treatment or lose my job
Submitted: 3 years ago.
Category: Employment Law
Expert:  MDLaw replied 3 years ago.
Hello and thank you for using the JA website. Please remember that this site is intended to provide general legal information only.

Swearing alone is not illegal. A hostile work environment is one in which there is discrimination based on age, gender, disability, race, etc.
Customer: replied 3 years ago.
Relist: Answer quality.
Expert:  MDLaw replied 3 years ago.
What issue did you have with my answer? Did I misunderstand what you asked?
Customer: replied 3 years ago.
I don't think you misunderstood my question but I need some legal remedy to my problem and not such a short and somewhat general answer. I don't think being verbally abuse by my boss is something that can accept in perpetuity. If it not hustle work environment, there has to be some other legal action that I can take. I think the work place should be conducive for everyone.


Expert:  MDLaw replied 3 years ago.
You do not have a legal remedy since nothing illegal is taking place. In order to have legal recourse, there must be a law that was violated. Swearing is not illegal. Your only option is not a legal action - it is to quit and change jobs.
Customer: replied 3 years ago.
Relist: Other.
Don't appreciate the expert tone.
Expert:  MDLaw replied 3 years ago.
I will opt out but you are going to get the same answer from everyone else since swearing at work is not against the law.
Expert:  JPEsq replied 3 years ago.

I will answer you, but the answer the previous expert gave you is 100% accurate.

 

There is no "general civility" law. Swearing or even calling you names and treating your poorly are not illegal acts.

 

Many people mistakenly believe that a "hostile work environment" refers to general hostility, but that is not the case. A "hostile work environment" is one where the employer allows or condones illegal acts, such as sexual harassment.

 

If the constant swearing crosses over into some illegal discrimination (based on race national origin, color, religion, age or disability) then it becomes illegal. But there is no law that makes swearing and general meanness illegal.

 

So unfortunately, your remedy is to find a job that suits your sensibilities a little better.

 

I am sorry for your situation, but this is the state of the law, unfair or not.

 

There are a few random cases of workplace bullying lawsuits being successful, but it is all based on another tort, intentional infliction of emotional distress.

 

You can always file a lawsuit for intentional infliction of emotional distress. In order to win a lawsuit, you would have to show that the conduct was "extreme and outrageous" and outside the bounds of what society considers acceptable. You would also have to show that you actually suffered emotional distress (more that just being uncomfortable).

 

So there is a cause of action, but it is not based in employer/employee relations.

JPEsq, Lawyer
Category: Employment Law
Satisfied Customers: 5104
Experience: Experience as both corporate in-house counsel and private counsel
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