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Alex Esquire
Alex Esquire, Attorney at Law
Category: Employment Law
Satisfied Customers: 16267
Experience:  Licensed Experienced Attorney
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I was approached by the owner of a construction company

Customer Question

I was approached by the owner of a construction company today. He asked me what I was doing and I told him, he told me he was watching me from behind a barn not moving, I run bulldozer. He said I been sitting still for 15 minutes on my fat ass, I said my fat ass, and he said yea you;re f- ing fat ass. He told me to park the dozer and go home. As he was walking to his pick-up he turned and said it is no big deal, we will talk about it Monday morning and see if I still have a job. I have been in the workforce over 35 years and have never been cussed at or sent home. I'm wondering what can be done about this verbal abuse.
Submitted: 3 months ago.
Category: Employment Law
Expert:  Alex Esquire replied 3 months ago.

Hello. My name is Alex.
Thank you for your question.
I will be happy to provide you with information you are seeking for educational purposes only.

Are you directly employed by the owner of the construction company who approached you?

Please provide me with more details about the situation related to question.

Thank you.

Customer: replied 3 months ago.
he owns the company, recently he bought it with another man.I was on my dozer working with a loader that was loading fill dirt. Earlier I talked to a truck driver to see how much more fill dirt they needed to finish. He told me about 700 yards. The trucks haul 20 yards each and there were 6 trucks running. They had made enough loads to haul the 700, so I stopped and talked to the loader operatror to double check the load count. He ws loading other trucks with different material so he left to go load them. I then went up on the hill to get ready to push more material to the pile, I sat there maybe 2-3 minutes eating the rest of my lunch when the boss approached, it was 2 pm. The thing is he had stopped me from pushing this material 2 times previously about 2-3 weeks ago because he said we had to much pushed up. So this is the third time I've been brought back to push. He did'nt want to much pushed up so we were running the pile low before I pushed again.
Customer: replied 3 months ago.
This is when he drove up, I thought he was going to tell me we were done, but that is when he started calling me names and saying he had been watching us sit for fifteen minutes then he sent me home.
Expert:  Alex Esquire replied 3 months ago.

Thank you for your follow up.

Do you have any evidence that your boss verbally insulted you or was verbally abusive, such as an audio / video recording, witnesses, etc?

How many employee does this construction company have?

Customer: replied 3 months ago.
No there was no witnesses at all and it employs maybe 70 people, Like I said they bought it from a man and his son a little over a year ago. Every since then it has been going down hill. There have been other people who have been treated unfairly for different things but no one will do anything about it. These new owners are always making us sign papers for some sort of new rule or something. They act like they can do anything they want to because they own it.
Expert:  Alex Esquire replied 3 months ago.

Thank you for your follow up.

Generally, under a similar situation it would be important to document any verbal abuse, by recording the abuse / insults, getting witnesses, etc..and if verbal abuse continues and is properly documents, the a formal complaint / charge can be filed with Equal Employment Opportunity Commission and EEOC will investigate the complaint and will take proper action based on the findings of their investigation.

Here is the link to the EEOC website where a formal complaint / charge process is explained:

I wish you the best of luck!

Expert:  Alex Esquire replied 3 months ago.
Expert:  Alex Esquire replied 3 months ago.

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