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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 12467
Experience:  Significant experience in all areas of employment law.
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At work a fellow employee has been telling me to do part of

Customer Question

At work a fellow employee has been telling me to do part of his job, pointing out if I make a mistake, and talking about me to others making me look bad. is this haressment
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 1 year ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

It may be "harassment" in the sense that it is unwelcome behavior, but it is not illegal harassment. Harassment is only illegal under the law if it relates to a legally protected trait, such as race or religion. Yelling racial slurs would be an example of actionable harassment, as would trying to get you fired because of your religious beliefs. But the harassment you describe does not violate the law.

Therefore, your sole recourse is to report this employee to HR and your supervisor for asking you to do work that is part of his job. Most employers don't take kindly to employees who try to get others to do their work for them, and while your employer would not have a legal duty to reprimand them, most reasonable employers probably will.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

Expert:  Patrick, Esq. replied 1 year ago.

Hello again,

I just wanted to followup with you to make sure that you did not have any further questions or concerns. For some unknown reason, the experts are not always getting replies or ratings (which is how we get credit for our work) that the customer thinks have gone through. In your case I have not yet received either. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the site administrator.

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.

Very best wishes.