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Zachary
Zachary, Lawyer
Category: Employment Law
Satisfied Customers: 3814
Experience:  Contracts, Wrongful termination and discrimination
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so its ok for the threat of holding pay and the bullying for

Resolved Question:

so its ok for the threat of holding pay and the bullying for a resignation letter
Submitted: 8 months ago.
Category: Employment Law
Expert:  Zachary replied 8 months ago.
Hi,

My name is XXXXX XXXXX X will be assisting you with your legal question.

I've reviewed your previous question with a different legal expert. What she is telling you is that only the actual withholding of pay triggers the claim. They can say "we are going to withhold your pay unless you sign this resignation letter." At that point, you have to refuse and tell them that they need to pay you or you will file a claim against them. The threat, with no action, is not illegal.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am credited by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Kind regards,
Zachary


Customer: replied 8 months ago.


so what you are saying is that she can threaten me all day long but unless she does something she cant get in trouble. That seems like harassment

Expert:  Zachary replied 8 months ago.
It is harassment. But harassment is only illegal when it is based on illegal discrimination, such as discrimination over race, religion, national origin, age, disability, or gender.

The law does not guarantee an employee to a work environment free of trouble. Employers can be as mean or unfair as they want as long as they do not cross the line of illegal discrimination or take an actual action which violates laws on payment of wages, overtime, wage and hour law, etc.
Customer: replied 8 months ago.


Wow. That makes for a hostile environment. How am I supposed to work with this person. This sucks

Customer: replied 8 months ago.

That puts me in a hostile environment. That sucks

Expert:  Zachary replied 8 months ago.
The courts have held repeatedly that the employment discrimination laws do not provide an employee with a right to work in a non-hostile environment.

A hostile work environment is only illegal when it is based on illegal discrimination.

Is there any possibility in your situation that the reason they are treating you this way is really your: race, gender, age, national origin, religion, or disability?
Customer: replied 8 months ago.


no. Its because I am working with another company

Expert:  Zachary replied 8 months ago.
I'm sorry that you are in this position. It is not fair or enjoyable. However, until they do something illegal, there is no legal recourse for you.


Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am credited by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Kind regards,
Zachary
Zachary, Lawyer
Category: Employment Law
Satisfied Customers: 3814
Experience: Contracts, Wrongful termination and discrimination
Zachary and 6 other Employment Law Specialists are ready to help you

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