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I am contantly being harrassed at work. Not in a sexual nature

 
Jagcorps_esq's Avatar
  • Answered by:Jagcorps_esq
  • Employment Lawyer
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Customer Question

I am contantly being harrassed at work. Not in a sexual nature but other employee are verbally abusive, make false aligation, and the practice owner will not do anyting but tell me I need to bare the burden to make everyone happy. They go threw my things when I'm not there, call people that I've called to see if I have done anything wrong so they can go to our boss. I am the ony supervisor there, and the owner will not back me.

If I was to quit, can I recieve unemployement in the state of Kansas

 

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Country relating to Question: United States
State (if USA): Kansas

Already Tried:
Repeatly talking to my boss and practice owner. I had to leave work today because one employee litteraly yelled at me, and I'm the supervisor. The boss told me to take the day off.

Submitted: 353 days and 9 hours ago.
Category: Employment Law
Value: $28
Status: CLOSED
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Expert:  Jagcorps_esq replied 353 days and 9 hours ago.

Thank you for using Just Answer. Between my law practice and other law related jobs, I have over 13 years experience. I look forward to assisting you.

You've noted that it was not sexual in nature.

Can you point to any other potential motivation, like your race, religion, age, disability or FMLA use?

Do you have a contract of employment stating that you can only be terminated for cause?

Customer replied 353 days and 9 hours ago.

I don't have a contract. There are specifically two employees that are causeing the problem. They have the most senority in the office and one is upset she did not get my position. They have never had a supervisor before. It's mainly my age, I'm the only single mother, and if I'm not there it's because my kids are sick, one child has epilispy and I have Chrone's disease.

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Expert:  Jagcorps_esq replied 353 days and 9 hours ago.

Your age. Are you over 40 and are they younger than you?

You've mentioned Chrone's but haven't said how that is relevant. Do they know and are they specifically discriminating on that basis?

Being a single mother, while an important job, is not a legally protected status.

Customer replied 353 days and 9 hours ago.

They complain out how many times I use the bathroom. And tell our boss I'm abusing and he tells me to try to hold off as long as I can. But I'm so stressed out that I use the restroom about 12 times a day.

 

My boss is okay with everything I do, but he's only in the office 2 days a week and while he is gone the rest of them making it a living hell. The employee that yelled and cussed at me today is one example, my boss just tell me just to try to blow it off.

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Expert:  Jagcorps_esq replied 353 days and 9 hours ago.

I don't believe that really answers my question.

You stated that you believe it is age. Are they younger than you and are you over 40?

Are you now saying that you really believe it to be based on the Chrone's and not your age/ Or both?

Customer replied 353 days and 9 hours ago.

Both, I'm 38, all but one employee is 30 or younger.

Accepted Answer

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Expert:  Jagcorps_esq replied 353 days and 9 hours ago.

You're not over 40 though, so the age discrimination law doesn't apply to you. They can blatantly discriminate against your age and it's not illegal.

So, you need to state to your employer that you feel these people are discriminating against yr disability. Put in on the employer to deal with at this point. You need to specifically state that so that they have an obligation to cure the situation.

If the employer doesn't after that, contact the EEOC and file an ADA discrimination claim.

Expert TypeEmployment Lawyer
Category: Employment Law
Pos. Feedback: 97.5 %
Accepts: 8334
Answered: 4/28/2012

Experience: Employment/Labor Law Litigation

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