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RobertJDFL, Lawyer
Category: Employment Law
Satisfied Customers: 13184
Experience:  Experienced in multiple areas of the law.
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I am 30 yesrs old women and my emaployer treats me as shit

Customer Question

Hello, i am 30 yesrs old women and my emaployer treats me as shit how should i porceed?
JA: Have you documented this or discussed it with HR?
Customer: there is no HR because the company hires 3 pple including me it is small businees
JA: Is the employment agreement "at will," union, full time or part time?
Customer: full time 1099 form
JA: Anything else you want the lawyer to know before I connect you?
Customer: no this is basics i am just being sick treated as a garbage
Submitted: 8 months ago.
Category: Employment Law
Expert:  RobertJDFL replied 8 months ago.

Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

Customer: replied 8 months ago.
Expert:  RobertJDFL replied 8 months ago.

Thank you for your patience.

I'm sorry to hear about your work situation. I've had employers like that, and I know how hard it makes it to even want to go to work in the morning. Unfortunately, this may be a time where as a lawyer I don't have any good news to give you. Allow me to explain. The law only prohibits an employer from discriminating against employees if it is discriminatory in nature -generally that means because of race, religion, age (if over 40), sex, disability or national origin. Some states expand upon that to include a few other things, like sexual orientation. There is no law, state or federal, that says an employer cannot be mean, rude, disrespectful, etc. to employees. In fact, the Supreme Court once noted that the law is not "a civility code." So being unprofessional or hurtful isn't against the law -only when it crosses the line into discrimination does it become discriminatory.

However, even if this was a case of employment discrimination, if you fill out a 1099, you are an independent contractor, not an employee of the company, and the courts have said independent contractors cannot sue on the basis of workplace discrimination. You may have a claim for breach of contract, depending on the agreement you may have signed with the employer, but that's it.

Your remedy, unfortunately, therefore, is to seek another job where the employer knows how to treat its employees like the decent people they are.

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Expert:  RobertJDFL replied 8 months ago.

Was there additional information you needed or can I clarify something about my answer? If so, please let me know, as I'm happy to continue assisting you! If there is nothing further, I would kindly ask that you leave me a positive rating by clicking on the stars, so that I am credited for my time and assistance. You can always reply to this message after leaving a positive rating at no additional charge.