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AttorneyTom, Lawyer
Category: Employment Law
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i have a boss that slanders my name behind my back, talks to

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i have a boss that slanders my name behind my back, talks to me in aggrivated tones on a regular basis but talks to others politely, on certain jobs wont let me use a chair when performing that task, but lets other people use the chair. always makes up excuses on why i cant get a respitory mask that i ask for when spray painting or using galvonizer (has harmful vapors), not to mention ive been stabbed in my lung and he knows about it, and still puts off getting me a mask for several days, and still expects me in inhale harmful vapors, and ive even been told there were none in stock, but after talking with other teamleaders found out that he lied about that. Exaggerates stories about me to management, and uses his seniority compared to mine to get over on it. stares at me for long periods of times making me feel intimidated, am i being harrassed or discriminated against?
Submitted: 5 years ago.
Category: Employment Law
Expert:  AttorneyTom replied 5 years ago.

Unlawful discrimination is typically based on age over 40, race, gender, etc.

However, an employer can't typically require an employee to work around harmful vapors without providing the necessary protective equipment.
Doing so can constitute a violation of OSHA.
Violations of OSHA may be reported to OSHA and the agency may take aggressive actions to enforce safety requirements.

An employee may file a lawsuit against a supervisor for defamation when the supervisor makes false statements about an employee to a third party and when damages result.
If the supervisor makes the statement in the course of employment, the company may be liable as well (such as with job references).

Customer: replied 5 years ago.
so do you think i can get a lawsuit based on this? im only 23
Expert:  AttorneyTom replied 5 years ago.

That really depends on the details of the circumstances. In the US, in reality, anyone can sue anyone else for anything at any time. Can you win? That's a different issue. Unfortunately, it's one that only your personal attorney can analyze.

That said, I can tell you that you definitely should have your attorney evaluate the OSHA issue and the defamation issue.
He may find that an OSHA complaint or a defamation suit is appropriate.

He will also evaluate whether or not it might appear, based on all of the circumstances, unlawful discrimination based on age over 40, gender, race, disability, etc, might be taking place.

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