How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Allen M., Esq. Your Own Question

Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 15596
Experience:  Employment/Labor Law Litigation
20011183
Type Your Employment Law Question Here...
Allen M., Esq. is online now
A new question is answered every 9 seconds

My boss is making it hard for me to come into work. He is very

Customer Question

My boss is making it hard for me to come into work. He is very aggressive and curses at his employees. My performance at work is being affected by this because i don't want to be around him. I could be fired on account of this issue. Do I have a case for Workplace harassment? I'm not the only one who feels this way.
Submitted: 1 year ago via SpeedingTicketCentral.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year ago.

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?

Customer: replied 1 year ago.

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.

Expert:  Allen M., Esq. replied 1 year ago.

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.

Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 15596
Experience: Employment/Labor Law Litigation
Allen M., Esq. and 4 other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

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.

Expert:  Allen M., Esq. replied 1 year ago.

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.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
< Last | Next >
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
  • Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you Happy Customer Denver, CO
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    10539
    Licensed Attorney with 27 yrs. exp in Employment Law
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Lawyer

    Satisfied Customers:

    9785
    Licensed attorney helping employers and employees.
  • http://ww2.justanswer.com/uploads/JA/jaccorpsesq/2011-11-13_21141_JAnewphoto.64x64.jpg Allen M., Esq.'s Avatar

    Allen M., Esq.

    Employment Lawyer

    Satisfied Customers:

    9429
    Employment/Labor Law Litigation
  • http://ww2.justanswer.com/uploads/MI/MILawyer/2011-2-28_0311_JBUprofile.64x64.jpg JB Umphrey's Avatar

    JB Umphrey

    Lawyer

    Satisfied Customers:

    6273
    Assisting employees and employers for over 14 years.
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2469
    Attorney
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    2214
    I provide employment and discrimination law advice in my own practice.