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Brandon, Esq.
Brandon, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 1952
Experience:  Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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My manager is treating bad and making the work environment

Customer Question

My manager is treating bad and making the work environment unbearable for me. She has emotionally and physically abused me to the extent that I stressed out and got admitted in the hospital. She purposely refused to approve my travel expense among other benefits. I reported her to HR and upper management with no change. I cannot stand working here anymore . How can I recover my money and the payment of my vacation period if I resign.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Brandon, Esq. replied 1 year ago.

Hello, my name is ***** ***** I want to make sure you receive excellent service today. Are you online with me?

Expert:  Brandon, Esq. replied 1 year ago.

First, let me say that I am terribly sorry to hear that you are in this situation. It is a shame when an employer thinks they can treat people like this. As to what you can do, depends heavily on the situation. It is not unlawful to bully your employees. Employers can be downright cruel and employees may not have a cause of action. Unfortunately, the courts have made very clear that they will not be the arbiters of general claims for unfairness or harassment that is not premised on a protected trait such as race or religion, reasoning that if workplace unfairness/harassment could form the basis for legal action, we would see thousands of such lawsuits every day. This is certainly not to diminish your concerns or complaints, but rather to explain the policy behind the law, which may assist with your understanding. So, what can you do. First, you can file a workers compensation claim. If you were stressed due to your workplace, your employer is required to pay your medical bills and a portion of lost wages related to any days you had to be absent. As long as you can show that your hospital stay was related to the treatment from your manager, you can recover the cost of your medical bills and a portion of your lost wages, but you will not be able to recover things like damages for pain and suffering. As for pain and suffering, you may have a claim for either 1) discrimination, or 2) intentional infliction of emotional distress. Discrimination occurs if the treatment is related to a protected category, such as your age (over 40), gender, race, religion, genetic information, pregnancy, national origin, creed, or disability. This makes otherwise legal behavior illegal. However, you need to specifically state to HR that you feel your manager is treating you this way because of your race, religion, gender, etc. This will not only pay you for your medical bills and vacation day, but will also cover you for pain and suffering and emotional distress. Finally, you can try to bring a claim for Intentional Infliction of Emotional Distress. IIED occurs when a person specifically targets you to cause severe emotional distress. While a hospital visit may constitute severe emotional distress, the question a jury will ask is if this person is just a mean person, or if they are specifically targeting you. If they are specifically targeting you, and no one else, you would have this cause of action. In any of these cases, you should definitely consider getting an attorney involved. If you decide to hire an attorney a great resource is www.Martindale.com. This is a nationwide directory that is useful in finding highly qualified legal specialists in various fields of law. The lawyers in Martindale are not selected because they paid to be included, but rather because they have been rated by other attorneys as qualified experts in their field. Consider consulting with two or three different attorneys willing to take your case prior to selecting the one you feel most comfortable with.

Expert:  Brandon, Esq. replied 1 year ago.

If you do not believe that you were discriminated against because of a protected category, and you do not believe that you were specifically targeted, then the best course of action is to file a workers compensation claim as well as claim to HR that you are being discriminated against because of a protected category. This may be enough to have them get the manager to change their ways as they do not want to get stuck with a larger claim of discrimination.

Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further. If you do not require any further assistance, please do not forget to provide my service with a positive rating, as this is the only way I will receive credit for assisting you.

Have a wonderful rest of your day.

Customer: replied 1 year ago.

I am not claiming damages. My question is If I resign how can I recover my unpaid travel expense and vacation pay which the manager refused to approve. Is there a way I can use a lawyer to help me recover my entitled travel expense?

Expert:  Brandon, Esq. replied 1 year ago.

What state are you in?

Expert:  Brandon, Esq. replied 1 year ago.

In some states, employers are legally required to pay or reimburse an employee for necessarily incurred business related expenses. If you are in one of these states, then you can either get an attorney to help you, or you can file directly with your state's department of labor. In other states, travel expenses are paid out according to contract. This contract is either created directly with an employee or it is created through a collective bargaining agreement with a union, or it is created through the policy of the company. In order to get paid for an unpaid travel expense, you would need to point to the language in that contract granting you a right to payment. In this situation, an attorney could also help in making a phone call or drafting a letter showing why you are entitled to what you are entitled to.

Expert:  Brandon, Esq. replied 1 year ago.

I wanted to write to check up to see if you had any additional questions or concerns concerning your question. If you do have additional questions or need additional clarification please do not hesitate to ask. Please remember that I do not know what you may already know or with that you need help with unless you tell me. If you have not provided a positive rating because you would like a different expert to answer your question, please ask and I will opt out of the question so that another expert may answer. If, however, you found the information helpful to you, please do not forget to provide me with a positive rating by clicking on one of the happy faces, or I will not receive any credit for my time in trying to assist you. Please keep in mind that even after a rating has been issued you can continue to ask questions related to the original post and I will be happy to answer them. If for some reason the rating feature is not working or you cannot find it, please write me back and let me know. Please remember that when you are asked to give a rating, you are rating My Service and not this website itself or the law as it applies to your case. Have a wonderful rest of your day.