Employment Law Questions? Ask an Employment Lawyer.
Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.
You can attempt to make a case that to get unemployment based on the treatment, but it is not illegal to try to get someone to quit unless you have an employment contract guaranteeing you that job. Then it would be breach of contract.
However, what you most likely have here is an "at will" job and so the only thing you can do is complain to the employer, in writing, that continued treatment of this sort will force you to quit.
If you have written warnings to the employer and give them a chance to cure, then if you are ultimately forced to quit you can still file for unemployment as though you were terminated (called constructive termination).
If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.
Our laws don't recognize "harassment" as a civil claim in employment law.
The Supreme Court stated that our employment laws are not a civility code, so unless you can specifically allege that the only reason you are being treated this way is your race, religion, gender, age, disability or recent FMLA use, then the behavior you are mentioned would never become a civil legal matter in employment law.
It would only become a tort if you were actually physically harmed.
I'm sorry, but what you are describing so far is office politics, which is not something that courts get involved in.
No, there is not presently any law against workplace bullying, unless directed at one of those factors I mentioned.
However, I did state that at the point you are physically harmed, it could become a tort issue (personal injury). If you can prove physical manifestation of emotional distress, you could both file a worker's compensation claim and an intentional infliction of emotional distress claim.
Those are not employment law concepts though...but rather, personal injury.
Expenses aren't take into consideration when you are talking about minimum wage requirements.
If they paid you enough that your income divided by your hours is more than minimum wage, they are legally fine.
You can deduct expenses from your taxes.
I gave a very brief response to this, because this is really an entirely different legal question and should have been started in its own thread and for its own sum. You get one question and reasonable follows ups pertaining to that one legal issue by JA policy.
I won't address any other legal questions unrelated to the original issue in this thread.
Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.