Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

i work at at small nursing home, all local people are employed…

Customer Question
i work at at small...
i work at at small nursing home, all local people are employed there beside the administrator and don. the don is very rude and has been harrasing me and every cna about they way they work. she does not want us to associate with each other at work, she wants abousutly no talking unless she is supervising. if she has a problem with you she will write you up until she has the right to termidate you. all the cna and nursing staff is scared to go to work because they dont want to lose their jobs. there are eleven witnesses on how she treats us. we have been documenting every remark she says and acts she has done within the last two months. we need her to go but she likes control and likes us being miserible. is there a way we can apply this and many more reasons as a hostile working enviorment
Submitted: 8 years ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 1 minute by:
6/9/2010
Employment Lawyer: MDLaw, Employment Lawyer replied 8 years ago
MDLaw
MDLaw, Employment Lawyer
Category: Employment Law
Satisfied Customers: 6,138
Experience: Experienced attorney representing companies and individuals in employment law matters and litigation
Verified
Do you believe that you are being discriminated against? If so, on what basis? (In other words, is it based on race, gender, or what?)
Ask Your Own Employment Law Question
Customer reply replied 8 years ago

no none of that i have no idea why she is doing this but it is getting worse everyday and we have done nothing please help!!

Employment Lawyer: MDLaw, Employment Lawyer replied 8 years ago
Unfortunately, if you do not have an employment contract, you would be considered an at-will employee which means that the only rights you have, other than being paid for your work, is to not be discriminated against based on your membership in a protected class (age, race, gender, disability, national origin, etc). I asked if you felt that you were being discriminated against and you said no. Therefore, you cannot have a hostile work environment claim since a hostile work environment is based on discrimination.
Ask Your Own Employment Law Question
Customer reply replied 8 years ago
Relist: Inaccurate answer.
Employment Lawyer: MDLaw, Employment Lawyer replied 8 years ago
What do you believe was inaccurte about my answer?
Ask Your Own Employment Law Question
Customer reply replied 8 years ago

the definitions of hostile work enviorment states- exits when an employee expirences workplace harassment and fears going to work because of the offensive, intimitidating, or oppressive atmosphere generated by the harrasser. that fits our don to a t

 

Employment Lawyer: MDLaw, Employment Lawyer replied 8 years ago
I'm not sure where you are getting that "definition " from but you are incorrect. Under employment law, which is based on Title VII of federal law, harassment is described as discrimination based on your membership in a protected class. You cannot legally have harassment without discrimination. Hence, my initial answer to you which was correct. I have been practicing law for 10 years and have represented many employees as well as employers and have won many trial cases and so I am pretty sure my answer is accurate. The Supreme Court has a list of cases in which they explain that general unpleasantness in the work environment is not discrimination/harassment under Title VII. It must be based on harassment that is primarily based on a discriminatory motive, i.e. your membership in a protected class.
Ask Your Own Employment Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an employment lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask MDLaw Your Own Question
MDLaw
MDLaw
MDLaw, Employment Lawyer
Category: Employment Law
Satisfied Customers: 6,138
6,138 Satisfied Customers
Experience: Experienced attorney representing companies and individuals in employment law matters and litigation

MDLaw is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

13,334 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,490 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,478 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

4,029 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,893 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Employment Law Questions
I am a charge nurse, and I work in a nursing home. I
I am a charge nurse, and I work in a nursing home. I supervise 2-3 employees in the care that is given to patients. On 11/23/2015, I instructed assigned CNA to leave patient up until her family arrive… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
I am wanting to know if I have a case. I am a Nurse with23
I am wanting to know if I have a case. I am a Nurse with23 years of experience. Iwas currently working in a local skilled facility. Had a very good reputation. Probably in the last 4-6 months, every p… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
I was terminated after having the best survey at a facility
I was terminated after having the best survey at a facility in 10 years the company says they going in a different direction...I feel I have been discriminated towards because I am a female. The corpo… read more
John
John
Employment Lawyer
Doctoral Degree
4,029 satisfied customers
What can be done about a Boss that is a bully and intimidator...I
What can be done about a Boss that is a bully and intimidator...I am a Nurse and have seen and have been on the end of her intimidation or Bullying tactics...also my Peers and other employees feel the… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I sent an anonymous email to the corporation that owns my care
I sent an anonymous email to the corporation that owns my care center. The corporation investigated my claims. The investigator gave a copy of my email to the admin and DON of the facility. The DON an… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
3,007 satisfied customers
I am a nurse in a nursing home and i supervise CNAs who give
I am a nurse in a nursing home and i supervise CNAs who give direct care to my residents. I work 6p-6a. i recieve report from the off going shift and then check my repostioning list of residents that … read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
3,007 satisfied customers
I was terminated on 6/13 for failure to follow supervisor instruction
I was terminated on 6/13 for failure to follow supervisor instruction for failure to attend a meeting. I have 5 co-workers who can say that I attempted to attend the meeting. I did not know where the … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Washington state I returned from a weeks vacation on my first
Washington state I returned from a weeks vacation on my first day back my boss asked if she could meet with me. she stated have you considered a transfer to our sister facility i asked if she was firi… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
In Delaware I understand from a nursing home patients son
In Delaware I understand from a nursing home patient's son who is a lawyer a person can be fired without cause. Our nursing home is owned by a Catholic Hospital & they just decided to put out a new le… read more
MDLaw
MDLaw
Employment Lawyer
Post-Doctoral Degree
6,138 satisfied customers
I would like to know if I have grounds for charging my workplace
I would like to know if I have grounds for charging my workplace regarding a sexual harrassment, harrassment, and or bullying, hostile work environment case. For the past 2 months I have been harrasse… read more
MDLaw
MDLaw
Employment Lawyer
Post-Doctoral Degree
6,138 satisfied customers
I have work at this company for 4 years. I was called into
I have work at this company for 4 years. I was called into the office by my supervisor on because someone told her, I said she should have been fired. ( which i didn't) After that meeting with her she… read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
I am a Nursing Supervisor. (Was a DON,but they changed my title)
I am a Nursing Supervisor. (Was a DON,but they changed my title) This year, all the employees got 2% raise. Last year, the company froze The Dept Head wages along with a couple of other employees and … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers
i am a director of nursing of a long term care facility. I
i am a director of nursing of a long term care facility. I am salaried. the director of nursing for the hospital (that is attached) is paid hourly and gets overtime pay. I put in an average of 50hours… read more
MDLaw
MDLaw
Employment Lawyer
Post-Doctoral Degree
6,138 satisfied customers
Hi, My name is Derrick and I currently employed at the NYSSCPA
Hi, My name is XXXXX XXXXX I currently employed at the NYSSCPA as a Systems Analyst. My senior supervisor had the history of treating me disrespectfully, XXXXX XXXXX rudely since 2007. I recently file… read more
MDLaw
MDLaw
Employment Lawyer
Post-Doctoral Degree
6,138 satisfied customers
lets say i have a job in the medical field as a lpn and my
lets say i have a job in the medical field as a lpn and my supervisor is constanetly loosing her cool and uses idle threats all the time because something did not go the way she wanted,,she has scream… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
Last year I wrote a letter to the Board of the organization
Last year I wrote a letter to the Board of the organization where I work informing them of the organization's Executive Director's (ED) behavior which included blatant favoritism of some employees, no… read more
A.J.
A.J.
Attorney
Doctoral Degree
1,796 satisfied customers
I am a indepentent hair dresser in a local nursing home.
I am a indepentent hair dresser in a local nursing home. There are a couple of nurses on staff that are rude, disrespectful and bully me. They tell residents that there hair looks awful, that I charge… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
What is the NE. labor law position on management ...
What is the NE. labor law position on management allowing long term harrassment of on employee by another employee even when management was aware of this problem and said they would stop this activity… read more
Faye Lee
Faye Lee
JD and MBA and Masters of Law
96 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x