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Barrister
Barrister, Lawyer
Category: Employment Law
Satisfied Customers: 35870
Experience:  16 years practicing attorney
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I was an Assistant Manager at Walgreens years before I quit

Customer Question

I was an Assistant Manager at Walgreens for 13 years before I quit because of a hostile work environment and because I was being passed up for promotions that I was the most qualified for. I've been told by a few of my Store Manager friends that I was "railroaded" into quitting, and that I should seek legal action. I can't afford to spend money on an attorney if there isn't a chance that this is going to pan out.
Submitted: 9 months ago.
Category: Employment Law
Expert:  Barrister replied 9 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Can you give me some more information about your treatment while at work?

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Were you discriminated against based on something like age, gender, race, ethnicity, etc.?

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thanks

Barrister

Customer: replied 9 months ago.
I had a blemish free record before moving to a new store with a "difficult to work for" Store Manager. I worked with her for 10 months. I watched employee after employee quit or transfer to a different store because of her abrasive personality. We butted heads a lot because she was basically incompetent. I tried numerous times to talk to her about my frustrations, but nothing ever changed. I tried talking to my District Manager on several occasions but she just said that we needed to work things out. The last time we talked, she told me that she didn't have time for this and she walked out.My biggest frustration was that I had a stellar reputation when I came to that store that had a SM who hid her incompetence with passive aggressive behavior, and I was made to be the bad guy. She should have been dealt with by the DM, and the DM should have offered me more support.Additionally, I was more than qualified for a promotion based on the companies established guidelines, but I was passed up several times because the DM didn't care for me.
Expert:  Barrister replied 9 months ago.

Ok, to be honest, I don't see anything in your comments that would be considered illegal discriminatory action.. Having a manager that is a jerk and incompetent wouldn't give you legal grounds to sue the company if you got fed up and quit.

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There are no Federal "hostile work environment laws" or "hostile workplace laws" named as such. However, creating a hostile workplace is prohibited under certain Federal discrimination laws.

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Subsequently, to be illegal under one of the laws in the eyes of the courts, a hostile work environment typically must be caused by discriminatory workplace harassment based on race, color, religion, national origin, disability, genetics, age or sex. Additionally, the harassment typically must be severe, recurring and pervasive.

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Lastly, the victim or witnesses typically must reasonably believe that tolerating the hostile work environment is a condition of continued employment. In other words, the victim or witnesses typically must reasonably believe that they have no choice, but to endure a hostile workplace in order to keep their jobs.

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So you could try and file an EEOC complaint, which doesn't cost you anything, but you have to pin your treatment to some illegal discriminatory reason, not just that the manager was a jerk and you didn't get along with them due to their incompetence.

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If the EEOC found something there, they would issue you a "right to sue letter" that you could then take to an attorney to pursue things further.

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thanks

Barrister