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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 15471
Experience:  Employment/Labor Law Litigation
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I work in a medical practice. I have felt intimidated at work

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I work in a medical practice. I have felt intimidated at work over the past 3 years. Recently I have been confronted by my supervisor and the office manager, both accusing me of not meeting deadlines. There is nothing written of a deadlines to be made in my job description. I have tasks that have to be done daily, which are completed. We are understaffed and I am doing the work of at least 2 people. Yesterday I was forced to sign paperwork acknowledging I have not met deadlines that were verbally stated or emailed to me a few months ago. I was so upset at the confrontation but my superiors still badgered me and when I tried to speak to explain or refute their claims they would not listen to me. I do not know how I can keep working in this atmosphere. I am feeling anxious, have palpitations and also alot of emotional stress as I know I am dependable, a hard worker and have contributed greatly to this practice. Today I am angry that I am letting them do this to me and do not want to continue to be harrassed but I need my paycheck. What can I do?
Submitted: 1 year ago.
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.

 

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

 

Do you have any evidence that the actual basis for their treatment of you is your race, religion, gender, age, disability or FMLA use?

Customer: replied 1 year ago.

I do not have an employee contract per se, but an employee handbook. I do not have evidence of that treatment is due to race, religion, gender, age, or disability. This is a case of intimidation, whre I am being belittled, picked on, over a period of 3 yrs by my current "lead". I am starting believe this may be a way of trying to get me to quit without employment compensation. I feel I have done nothing wrong and dispute the insinuation of not meeting deadlines (which is a new term I am not familiar with in my employment history with this practice.


I have all documentation of the contributions I have made to this practice. I have all emails received & sent over the years regarding billing issues, office issues & any personal issues I have requested the office manager to address.


 


 


 

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

Ok. The problem is that, legally speaking, there is no law against an employment treating an employee poor due to simply a desire to intimidate. The Supreme Court has specifically held that hostile work environment claims require that the harassment be based on race, religion, gender, age, disability or FMLA use. Any other purpose falls outside of what the law prohibits. The Court went so far as to say that our employment laws are not a civility code, but only intended to deal with specific issues of discrimination.

 

Some states, seeing a problem with that, have tried to pass workplace dignity laws that would make generalized harassment and intimidation illegal, but no state has actually managed to pass one of those laws to date.

 

Now, on the contract issue, a handbook is rarely enough to equate to a contract. The language would have to be so specific that it essentially promises, in its terms, that a person can only be terminated for cause. Otherwise, it doesn't amount to an implied contract. This is particularly true in Florida, which is a very employer friendly state. Without an employment contract, you are an "at will" employee and legally can be terminated without cause.

 

So, while I really do wish that I could tell you some means of forcing your employer to treat you better in this situation, there just isn't any legally based method to force them to do so. You've not pointed to any laws that they are breaking.

Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 15471
Experience: Employment/Labor Law Litigation
Allen M., Esq. and 12 other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

I have some big problems going on...Can I get 2 for 1 ???
On 6/27/13 another driver hit my car on the passenger side. The police were at the scene and the driver was cited for negligent & reckless driving. My vehicle has over $8,000 worth of damage. It will take 3 weeks to repair. My auto ins tells me that I do not have 'rental car coverage' that will pay for a rental while our vehicle is being repaired. I have had to pay out of pocket to date totalling $800.00. What is up with this? Why isn't the other driver's ins paying?

Expert:  Allen M., Esq. replied 1 year ago.
Not really my area of law, so I'll have to pass on answering that. I'm an employment law attorney.

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