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Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 57697
Experience:  Licensed attorney helping employers and employees.
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I work for a small real estate company (Incorporated company)

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I work for a small real estate company (Incorporated company) as an executive assistant. There are only 3 hourly paid employees (including myself) and the others are independent contractors. I have been employed for 7 years. There is no HR person to go to when any issue or concern arises and there have been many. One of 2 bosses has shown disrespect many times over as well as talk in a most condenscending manner. He has embarassed me more than once and when I tried to express my concern, he told me I should look for another job. The company recently hired a relative of a former employee who has no skills and even, as a brand new employee, exuded a negative attitude towars me while I was training her. Is there any recourse / resolution for me other than to look for another job?

Kathy [email protected] [email protected]

INFOLAWYER : Hello and thank you for the question. I am sorry to read of this dilemma.
INFOLAWYER : Favoritism and unfair treatment is not illegal except for limited exceptions
INFOLAWYER : those exceptions are where employer is discriminating
INFOLAWYER : on basis of race, gender, age or nationality
INFOLAWYER : If none of those apply, recourse would be seeking better employment elsewhere
INFOLAWYER : Let me know if that is clear. thanks
INFOLAWYER : awaiting your reply

Thank you for responding. I am quite disappointed with the answer. I wasn't looking for the perfect answer, but the employer allows a "hostile" environment by continuing to show disrespect towards employees. The new employee I mentioned has continued to make negative comments toward me and when my supervisor gives me certain tasks, she takes it upon herself to do that task without telling me or asking me if she could help.

INFOLAWYER : the state is an employment at will state
INFOLAWYER : as such, employer has broad discretion
INFOLAWYER : The law favors employers
INFOLAWYER : and carves limited exceptions which I noted
INFOLAWYER : likewise, if employer has a handbook or manual of code of conduct, then you may claim a breach thereof
INFOLAWYER : but absent that the employer behaving badly as you described, is, sadly, legal
INFOLAWYER : I realize that is not what you want to hear
INFOLAWYER : but I did not want to mislead you with false positive information
INFOLAWYER : I hope you understand
INFOLAWYER : and not hold that against me
INFOLAWYER : Let me know if I can clarify anything

My main reason for asking for the advice was that since there is no HR person, there is no one in the company who can step in or provide assistant to try and resolve a situation on behalf of an employee or supervisor. Here it is simply, every man or woman for himself or herself. This kind of behavior or environment wouldn’t continue in an office where there is HR people. Isn’t the main purpose of an HR Dept. to promote and provide a healthy work environment and offer advice when it is needed.

INFOLAWYER : You are correct in theory and principle, but in law the employer has broad discretion
INFOLAWYER : You may complain or have a lawyer complain
INFOLAWYER : and see if you can negotiate improved conduct or a parting severance
INFOLAWYER : I wish I was bearer of better news
INFOLAWYER : and I completely agree with you as to the unfairness of the situation
INFOLAWYER : Kindly let me know if the answer is clear.

Thank you for your time.

INFOLAWYER : Very welcome
INFOLAWYER : I wish you the best.
INFOLAWYER : Kindly click on an excellent rating for the answer.
INFOLAWYER : that is how I get credit for it by the site.
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