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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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Hi, my name is XXXXX XXXXX I am having a problem with my employer.

Resolved Question:

Hi, my name is XXXXX XXXXX X am having a problem with my employer. Can you advise me?
Submitted: 9 months ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 9 months ago.
Hello, my name is XXXXX XXXXX X look forward to assisting you today. I bring nearly 20 years of experience in various legal disciplines.

Thanks for your question today.

So, you've mentioned hostile work environment. Can you tell me a bit more? Is the harassment that you are facing based on your race, religion, gender, age, disability or FMLA use?
Customer: replied 9 months ago.

Hi Allen:


 


I do have a disability, but my boss is hostile, manipulative and impossible to please. She is controlling and degrading. I have friends who can verify this.

Expert:  Allen M., Esq. replied 9 months ago.
Thank you.

From your post, I understand that your boss is hostile, manipulative and generally harassing. I also understand that you have a disability.

Is this harassment towards you, in your opinion, directed at you because you have a disability?

Is this boss just mean to you, or to everyone?
Customer: replied 9 months ago.

She is mean to everyone, but I am the only one she supervises.

Expert:  Allen M., Esq. replied 9 months ago.
Ok.

Unfortunately, you can't make a claim of hostile work environment then.

See, the Supreme Court of the United States addressed this issues a few years ago in a decision defining the scope of our employment laws. The concept of "hostile work environment" was being taken to its logical next step, meaning that an employer was sued for generalized harassment not really based on race, religion, gender, age, disability or FMLA use. The Supreme Court rejected that concept. In their decision that clarified that our employment laws are not meant to be a civility code. They are solely meant to address workplace discrimination based on race, religion, gender, age, disability or FMLA use.

Some states tried passing workplace dignity laws that would make generalized harassment illegal, but no state has passed such a law at this time.

So, regrettably, your facts don't fit hostile work environment unless you are able to state that you are specifically being singled out due to your disability. If this boss is mean to everyone, that's actually not illegal in either state or federal law.
Customer: replied 9 months ago.

I am confused. You haven't addressed the laws of my state. I am getting ready to sign a severance agreement and I would like a lawyer to see it.

Expert:  Allen M., Esq. replied 9 months ago.
I'm not sure what you mean by saying that I haven't addressed the laws of your state.

Your state is covered by the exact same federal laws as every other state. Furthermore, your own state laws do not have any more stringent definition of hostile work environment than the current federal jurisdictions. I specifically looked at your state's statutes before answering your question.

Your state's laws do not differ in the definition of hostile work environment from all the other current operating definitions. Unless you can connect the harassment to your race, religion, gender, age, disability or FMLA use, you do not have a claim of hostile work environment in your state of Rhode Island.

As for the contract review, I'd be happy to do that for you. You'll need to post it for me to review in some way.
Customer: replied 9 months ago.

Okay, I should have it hand next week. Is there a way to get back in touch with you?


 

Expert:  Allen M., Esq. replied 9 months ago.
You can post a question directly to me, with my name in the title.

I can also set up a follow up question reminder for this exact question. So, you could rate my service and the follow up system would link you to this question again for any further questions you had, to include the document review.
Customer: replied 9 months ago.

Great, please set a reminder. Should I rate your service now or after I post the document?

Expert:  Allen M., Esq. replied 9 months ago.
You can rate now. The document would be a reasonable follow up, so there would be no need for additional ratings.

Also, I can't set a follow up until a rating has been done, because there has to be a rating to follow up.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 15471
Experience: Employment/Labor Law Litigation
Allen M., Esq. and 3 other Employment Law Specialists are ready to help you
Expert:  Allen M., Esq. replied 9 months ago.
Hello, it is Allen M. from JA just writing to see if you have the severance agreement for me to review.

If you do, please post it or the portions that you have questions about and I'll address it immediately, depending on the time of day that you post it.

Thanks

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