Thank you for your question today, I look forward to assisting you. I bring nearly 20 years of legal experience in various disciplines.
Does he treat everyone this way or are you being singled out based on your race, religion, gender, age, disability or FMLA use?
No he pretty much treats all 3 of us the same way. he almost got hit by a truck one day because he was screaming at me on the phone.
Unfortunately, the definition of workplace harassment, at least for workplace harassment that comes with a legal recourse, does not include generalized harassment.
The U.S. Supreme Court defined hostile work environment as a workplace with harassment that is based on race, religion, gender, age, disability or FMLA use. Without one of those illegal factors, this sort of generalized harassment is not yet illegal in our country.
Some states, recognizing the problem with that, have considered passing workplace dignity laws that would make generalized harassment also actionable, but no state has managed to pass one of those laws yet.
Regrettably, the only legal recourse that could be available to you is to continue to document the treatment and complain to your employer so that you can potentially quit and obtain unemployment based on leaving for "good cause." It's very difficult to make this stick though. You have to document for a while and even explain to your employer that if they don't resolve the issue, you'll be forced to quit. That often results in a termination actually, but being terminated for complaining about generalized harassment is not disqualifying for unemployment, so your right to unemployment would at least be preserved.
I wish that I could give you a more encouraging answer here, but the law just doesn't support doing so.
so regardless of how depressed I get and how badly this is affecting my work environment/home environment there would be nothing i could do within the confines of the law for this? I plan to take your advice and document my findings at very lease i will be able to protect my family from hardship with unemployment while i procure other employment.
I am just now seeing your response.
In terms of employment law, no amount of depression on your part changes it from generalized to illegal harassment.
If you can medically establish that you are depressed specifically due to the work environment that can create a worker's compensation, workplace injury claim, but that is an insurance matter and will depend on how your worker's compensation carrier classifies workplace injuries.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).