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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 16189
Experience:  Licensed Texas General Practice Attorney
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I AM IN A SUPERVISOR POSITION, HAD REPORTS RETURNED TO ME BECAUSE

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I AM IN A SUPERVISOR POSITION, HAD REPORTS RETURNED TO ME BECAUSE : WERENT GOOD ENOUGH: FOR SECOND TIME, PERSON THAT DOES REPORTS GRABBED THEM OFF MY DESK AND WENT TO BOSS AND SAID IT WAS HER FAULT. THE BOSS TURNED ON PA SYSTEM AND DEGRADED ME INFRONT OF WHOLE BUILDING 127 EMPLOYEES. THEN PROCEEDED TO COME IN MY OFFICE AND THREW THE FOLDERS AT ME. IS THIS WORKPLACE HARASSMENT? STATE OF MICHIGAN, IT IS A CORPERATION

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

I am sorry to hear about your situation. Do you believe that you're being discriminated against based upon some minority status that you have (age, race, religion, gender, disability)?

Customer:

NO NOT AT ALL

ScottyMacEsq :

Thank you. First of all, yes, I would consider it "harassment", but that doesn't mean that it's actionable. That is, not all discrimination and harassment is illegal or can allow for recourse in a court of law. For workplace harassment to be actionable, it has to be based on one of those factors (age, race, religion, gender, or disability). You see, Michican is an "at will" employment state. At-will employment means that without a contract, you have no contractual or other right to employment with the company. The company is entitled to fire you for any reason: a good reason, a poor reason, or no reason at all--as long as the company does not fire you for an illegal reason (race, gender, age, religion, etc...). But it extends beyond firing, to hiring, promotions, demotions, wage cuts and raises, disciplinary actions, and even scheduling. Unless you can show that this was done in violation of a contract, union agreement, or a clear violation of an unambiguous and binding clause against the employer, or that it was done because of some minority status (age, race, gender, religion, disability) that you have, then they do have this discretion. So if the behavior was not based upon one of those factors, then the Federal and state employment laws would not come into play, no matter how egregious, unethical, immoral, and just plain mean his behavior was.

ScottyMacEsq :

You still might have legal recourse for other causes of action:

ScottyMacEsq :

If the statement was a false statement of material fact, that caused proveable financial damage, then you could have a case for defamation. Now the problem with that is that it would have to be a false statement of fact (meaning that it could not be true or an opinion), AND it would have to specifically cause financial harm that you could prove. That is, a specific dollar amount that you could point to and show that you were harmed.

ScottyMacEsq :

That's an option under the right circumstances, but it would be difficult to prove all of those elements, particularly if you were not fired as a result of the statement that he made or had other financial "damages" as a direct result of that statement.

ScottyMacEsq :

The only other legal recourse that I could think of would be the tort of "intentional infliction of emotional distress". In Michigan, Intentional Infliction of Emotional Distress (IIED) generally requires the following elements: (1) extreme and outrageous conduct (2) intent or recklessness (3) that the conduct caused emotional distress and (4) the emotional distress was severe. Generally, a person or entity would only be liable for IIED where the conduct complained of has been so outrageous and so extreme that it goes beyond all possible bounds of decency, and to be regarded as atrocious and utterly intolerable.

ScottyMacEsq :

To be honest, this is a difficult cause of action to prove, mainly because generally speaking someone has a right to be a jerk. Only if the actions are so extreme and outrageous as to be considered to be utterly intolerable in civilized society would there be a situation where the court would allow recovery.

Customer:

so calling you stupid over a pa system is legal, and all the people that i can hire and fire is legal.

ScottyMacEsq :

But in addition to that, you would need to show that you actually suffered severe emotional distress.

ScottyMacEsq :

It's not illegal, so long as the reason for the behavior is not based upon your race, age, religion, gender, or disability...

Customer:

all right thank you for help

ScottyMacEsq :

My pleasure. I know this is probably not what you wanted to hear, but it is the law. I hope that clears things up anyway. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

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