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I AM CURRENTLY WORKING IN MANAGERIAL POSITION AS A SERVICE…

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I AM CURRENTLY WORKING IN...

I AM CURRENTLY WORKING IN MANAGERIAL POSITION AS A SERVICE AND PARTS DIRECTOR FOR A AUTO REPAIR SHOP. MY EMPLOYER HAS MADE IT VERY CLEAR THAT PROFIT GOALS ARE THE BASIS FOR CONTINUED EMPLOYMENT AND COMPANY WELL BEING, ALONG WITH STEADY EMPLOYEE RETENSION AND CUSTOMER SERVICE. i HAVE REPEATEDLY MEET AND EXCEEDED THESE GOALS OVER THE PAST TEN YEARS AND HAVE HAD CONTINUED GROWTH IN GROSS PROFIT % IS AT A ALL TIME HIGH. MY IMMEDIATE SUPPERVISOR HAS BEGUN THREATINING TO FIRE ME AT A ALRMING RATE OVER THE PAST YEAR EVEN THOUGH HIS GOALS OFF HIGH GROSS PROFIT HAS BEEN ACHIVED. THIS HAS MADE ME SIRCOME TO HIGH LEVELS OF ANXIETY AND PANIC ATTACKS DUE TO MY CONTINUED THREATS AND RIDICULE ,AND HAVE HAD TO SEEK MEDICAL TREATMENT FOR CONTINUED ANXIETY ATTACKS INCLUDING EMERGENCY ROOM VISITS AND CONTINUED DOCTORS CARE. AS OF A FEW MONTHS AGO I EXPLAINED TO MY BOSS THAT HIS CONSTENT RIDICUL AND HARRASMENT IS CAUSEING A HOSTILE ENVIORMENT AND IS BECOMEING OVERWHELMING, HE HAS NOW INTENSIFIED THE THREATS OF UNEMPLOYEMENT ALONG WITH AGRIVATION AND DEMENING ACTS TOWRD ME PERSONALLY. AFTER TEN YEARS OF EXELLANT EMPLOYEMENT AND PRODUTIVITY HE HAS NOW CHANGED MY PAY STRUCTURE TO ONLY BE COMPINSATED FOR THE TOP 1% ACCEVMENT AND HAS NOW STARTED WRITING DISAPLINARY LETTERS TO ME STATED I AM UNDER ACHIEVIEVING IN VERY LOW IMORTANT AREAS AND NOT JUDGING ME ON THE OUTSTANDING GROSS PROFIT GOALS HE SAID WERE SO VITALE TO MY EMPLOYEMENT. IM AM GETTING TO THE POINT THAT I M AFFRAID TO GO TO WORK BECAUSE OF THE SEVERE ANXIETY HE IS CAUSING ME UNJUSTLY. i HAVE ALSO BEEN TOLD IF I WERE TO CONTACT AND CORPARATE OFFICER THAT IT WOULD BE CAUSE FOR MY IMMEDIATE TERMINATION. I DO NOT KNOW HOW TO COPE WITH THIS ENVIROMENT NOR DO I KNOW MY RIGHTS. ANY SUGGESTION ?

Submitted: 12 years ago.Category: Employment Law

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7/20/2010

Employment Lawyer: Allen M., Esq., Employment Lawyer replied 12 years ago

Allen M., Esq., Employment Lawyer

Category: Employment Law

Satisfied Customers: 24,222

Experience: Employment/Labor Law Litigation

Verified

When you say "hostile work environment" what do you mean? I know you mean harassment, but what is that harassment based on?

Your race, religion, gender, age, disability, FMLA use, worker's comp use, sexual orientation?

Customer reply replied 12 years ago

constent threats of fireing me or no longer working there . changes in my working enviorment if i call in sick or complain of back pain or even take a vacation, constant verbal and hostile attitude towards me . he makes me feel like a disabled person when i experiecnce lower back pain and lashes out at me

Employment Lawyer: Allen M., Esq., Employment Lawyer replied 12 years ago

Ok. All of the things that you mentioned are harassment, but you've not touched on any illegal motivation. Making you feel like a disabled person is not illegal, though if he regards XXXXX XXXXX disabled that might grant a basis for relief.

You can contact the EEOC and file a claim of ADA discrimination if you believe that your employer actually considers you disabled and is discriminating against you because of it.

If not, you do not have a hostile work environment claim according to the U.S. Supreme Court.

That doesn't mean that you have nothing, but it does limit your options. What you'd have is a violation of the implied contract of good faith and fair dealing inherent in all California employment situations. The downside to that claim is that there is not any state agency that will assist. You'd have to hire your own local attorney to file that breach of implied contract claim.

Customer reply replied 12 years ago

whaT about undo stressfull enviorment ?

Employment Lawyer: Allen M., Esq., Employment Lawyer replied 12 years ago

There is no such claim as undo stressful environment. Some states have considered passing workplace dignity laws which would apply to such situations, but there is not presently any such claim.

You are limited to the breach of the implied convenant of good faith and fair dealing as I previously noted. If you were not in California, you'd have no claim at all...so that's at least some good news.

Allen M., Esq., Employment Lawyer

Category: Employment Law

Satisfied Customers: 24,222

Experience: Employment/Labor Law Litigation

Verified

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