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D. WINOGO ESQ., Attorney
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i AM 74 YEARS OLD, WORK FULL TIME AT SMALL FAMILY OWNED BUSINESS

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i AM 74 YEARS OLD, WORK FULL TIME AT SMALL FAMILY OWNED BUSINESS FOR THE PAST TEN YEARS AS AN OFFICE MANAGER IN A THREE PERSON OFFICE. I AM THE ONLY FEMALE.
tHROUGH THE YEARS i HAVE CONTENDED WITH VIOLENT OUTBURSTS, OFTEN FILTHY LANGUAGE BY THE OWNER/ PRESIDENT. tHE LAST EPISODE HAS BECOME ALMOST EMOTIONALLY UNBEARABLE HOWEVER. i BROKE MY WRIST O2/26/2012. WAS IN A CAST FOR 8 WEEKS, BUT NEVER MISSED A WHOLE DAY OF WORK. I HAVE RESULTING AND PERMANENT DAMAGE TO MY DOMINATE RT HAND.( RSD/CRPD), BUT AM ABLE TO PERFORM MOST OF MY DUTIES. MY HUSBAND HAS AND CURRENTLY IS HELPING ME OUT ON SOME WEEKENDS, WITHOUT PAY. ON FEBRUARY 28, THE OWNERS MOTHER WAS IN THE OFFICE TO HELP ME AND HER SON, THE ACTING PRESIDENT BERATED AND SHOUTED AT ME AND SAID NOBODY WAS ASKING ME WORK IN PAIN. wHEN i RELATED TO HIS MOTHER THAT SHE SHOULD HAVE INTERVENED, SHE SAID, WELL YOU KNOW HOW HE IS, YOU SHOULD JUST LOOK OVER IT LIKE i DO. TODAY HOWEVER, HE MADE FUN OF ME TO ANOTHER EMPLOYEE WHEN i EXPLAIND MY INJURY, FOR WHICH I AM STILL UNDER TREATMENT, TO AN OLD EMPLOYEE WHO CAME BY TO VISIT THE OFFICE AND ASKED ME HOW I WAS. I FEEL THAT WITH MY TENURE HERE AND ESPECIALLY MY GENDER AND AGE i SHOULD BE TREATED WITH RESPECT. i NEED TO WORK, THEREFORE I HAVE TRIED TO COPE, BUT THINGS JUST SEEM TO KEEP HAPPENING AND ARE GETTING MORE DIFFICULT TO DEAL WITH. PLEASE ADVIDE IF I HAVE ANY RECOURSE, OTHER THAN JUST QUITTING MY JOB. THANK YOU. JANE PETTY

Submitted: 11 months ago.
Category: Legal
Expert:  D. WINOGO ESQ. replied 11 months ago.

Jane, unfortunately there is no statute or regulation requiring people (particularly co-workers) to treat each other with respect. For example, there are federal laws (OSHA) that mandate minimal safety standards, but there is no law requiring minimal emotional standards in the workplace.

As such, there really is nothing you can do. Your only recourse would possibly be to file a lawsuit against your employer on the grounds of intentional infliction of emotional distress. However, the courts have held that mere insults generally are not sufficient to succeed on such claims. Moreover, you would need to seek treatment as a result from a mental health professional (psychiatrist/psychologist) in order to succeed on the claim.

D. WINOGO ESQ., Attorney
Category: Legal
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