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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 19770
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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I work at a company where one of my peers is the son of one

Customer Question

I work at a company where one of my peers is the son of one of the owners. He is continually sending me provoking and harassing emails that demean my work. He is not my boss. What should I do? I am concerned that he will use his position as part of the ownership family to have me fired.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Massachusetts
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you think the lawyer should know?
Customer: I had a meeting with HR about this and in a follow up meeting she had notes written down from the first meeting, quoting me as saying things that I did not say in the first meeting with her.
Submitted: 4 months ago.
Category: Employment Law
Expert:  Marsha411JD replied 4 months ago.

Hello,

Thank you for the information and your question. Can you tell me why you think you might have been chosen to be the target of this individual? In other words, why you and not someone else?

Customer: replied 4 months ago.
When I was hired 18 months ago I took over some of his responsibilities. The parent company has apparently moved him around the organization a number of times trying to find a fit and I believe he feels threatened by me.
Expert:  Marsha411JD replied 4 months ago.

Thank you for your reply. I asked about the issue of why you might be the target of his behavior to see if perhaps you might have a legal issue versus a management issue. For this to be a legal issue, this employee would have to be targeting you because of your gender, race, national origin, religion, age (over 40), disability, pregnancy or military service. In that case, if you filed a discrimination complaint with the employer and they failed to resolve the issue, you could file a discrimination complaint with the State or the EEOC.

If this is a professional jealousy issue or a general unprofessional behavior, you would be limited by the procedures your employer has for filing complaints. In other words, this would be something you would have to try to resolve through management and not under the jurisdiction of the courts. Massachusetts is an employment "at will" state, so unless there is job or position protection by a contract, the employer could change any term or condition of employment, discipline and terminate as they deem appropriate, unless there is a discrimination issue I discussed earlier.

Please feel free to ask follow up questions if you have them. If none, then if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you

Expert:  Marsha411JD replied 4 months ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 22nd . For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit(paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me even if the news is not good. If you are having technical difficulties with reading, replying or rating,please let me know so that I can inform the Site administrator.Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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