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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18813
Experience:  Employment/Labor Law Litigation
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Gm i have been abused verbally and humiliated also been

Customer Question

Customer: gm i have been abused verbally and humiliated also been called diff names by my manager and GM and now send home for no reason dont come back until we call you
JA: Thanks. Can you give me any more details about your issue?
Customer: i was called that im pieces of shit front of other emb by my gen manager he have called me other names before.
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Submitted: 11 months ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 11 months ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and nearly 20 years of experience in the legal field. I’m happy to be of assistance.

First I want to address hostile working environment because I find that many people misunderstand that concept. In employment law, it is actually not illegal to call people names, to treat them generally unfairly and to have a workplace that is not what people would call nice. That's no where in the law. So, the verbal abuse that you are discussing here is not, by itself, illegal. It can be a part of illegal action, but there must be a second ingredient and that is discrimination based on race, religion, gender, age, disability or recent FMLA (medical leave) use. Without this second ingredient, the U.S. Supreme Court has declared that a person does not have an employment law case due to the harassment. They refer to it as "office politics" and don't get involved.

If you do have the second ingredient, you need to file a complaint with the Equal Employment Opportunity Commission in your state. This does two things. It preserves you right to sue while also starting an investigation by a federal agency into the matter.

Now, as the point of your being sent home, unless you have an employment contract that expressly states that you can only be terminated for cause, you can legally be terminated at any time, with or without cause. This is called 'at will' employment. So, the only way for this to be illegal is if you have a contract of employment like the one I mentioned (then you sue for breach of contract with a local attorney in state court) or if you can allege discrimination as the basis for the termination too (on top of the harassment you mentioned earlier). You'd make this complaint to the same entity, the EEOC (unless the matter is related to FMLA discrimination which is handled by the Department of Labor).

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter

Expert:  Allen M., Esq. replied 11 months ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required.

If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.