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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 17463
Experience:  B.A.; M.B.A.; J.D.
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I am a first grade teacher of 13 years in Broward County

Customer Question

I am a first grade teacher of 13 years in Broward County Schools in Florida and my boss has been harassing me for about three years and I do not know why. Most of it is documented through evaluations and paper trail of other occurrences. I am unsure if it is race related, age or anything else. I do not know the reason? I do know that I am younger than she. I may be the most attractive female in the building, the students have called me beyonce and according to the music teacher, have argued over me at least on two occasions. I do believe that this may play a part, however, I do not have any evidence to support the reason why it is happening, only that is occurring. I recently put in for a transfer. I have not been written up informally or formally at this location, but at my other location four years ago I was written up for using my cell phone during hours and leaving school with out notifying the assistant principal, instead I told the designee.
JA: The Employment Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: yes I have, one said that Ido not have a case because its not race, gender based... the other says that I do.
JA: What advice did they give you?
Customer: My evaluations have been affected because of this. I have received low marks
JA: Is there anything else the Employment Lawyer should be aware of?
Customer: I have been working for 13 years, in m professional file, there is nothing there to state that I have been written up formally. I was on track to become an assistant principal and have dropped out because of the lack of support.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer where you can place your fully refundable $5 deposit (plus $13 after the Employment Lawyer responds). While you're filling out that form, I'll tell the Employment Lawyer about your situation and connect you two.
Submitted: 8 months ago.
Category: Employment Law
Expert:  Phillips Esq. replied 8 months ago.

In order to make a case for harassment, you must know the reason why you are being harassed. If it is because of your race, age, or on other prohibited ground, then you may file discrimination complaint with U.S. Equal Employment Opportunity Commission ("EEOC"). Otherwise, you cannot file a discrimination claim with EEOC. You may however have a claim for Intentional Infliction of Emotional Distress if you can show that you have suffered severe emotional distress because of your treatment. However, in order to prevail on a claim of Intentional Infliction of Emotional Distress, you need to show that (1)your boss acted intentionally or recklessly; (2) that her actions were extreme and outrageous;(3) that her actions were the cause (4) of your severe emotional distress, which would be evidenced by you going to doctor(s) for medical treatment, or going to therapy. If you cannot prove all the four factors above, you would not prevail in your lawsuit for intentional infliction of emotional distress.

You may use the sites below to try to find a local Attorney who handles civil litigation cases to assist you with the case.

Lawyers.com

Justia.com

Findlaw.com

Best wishes,

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