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Does an employee have any recourse if they are treated abusively

by a person in a...
Does an employee have any recourse if they are treated abusively by a person in a supervisory role. In this instance, a licensed beautician being mentored as the initial phase of employment. Behaviors from the mentor include insults, yelling/screaming at the mentee, threats towards the mentee
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Answered in 7 minutes by:
9/23/2013
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 13,078
Experience: Significant experience in all areas of employment law.
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Hello and thank you for entrusting me to assist you. My name is XXXXX XXXXX I will do everything I can to answer your question.

I am very sorry to hear about the inappropriate behaviors of your supervisor. Regrettably, however, and contrary to what most people believe, there is no requirement of civility in the workplace and no law that prevents employers from being rude, verbally aggressive, or even downright nasty. This behavior is only prohibited if it relates to an employee's race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age (over 40), or sexual orientation, or if it occurs in retaliation for engaging in protected conduct (e.g. filing a wage claim, or taking FMLA protected leave). In these cases, the law does recognize a claim for "hostile work environment."

However, rude or "hostile" treatment for any other reason, despite being unprofessional and uncalled for, is not in violation of any law. The courts have made clear that they will not be the arbiter for employer/employee disputes, no matter how egregious, unless they involve "protected traits" or unlawful retaliation as described above.

I am afraid that absent a showing that this treatment of you is related to race, religion, gender, etc., or retaliation for engaging in protected conduct, there are no legal remedies, only interpersonal remedies such as reporting this conduct to HR or a higher-up supervisor.

For the purpose of making an HR report, you would want to save all tangible evidence of the harassment, e.g. emails, memos, notes, or text messages. You would also want to keep a journal and note within it the date and time of each incident along with a description of it.

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 and kindest regards.
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 13,078
Experience: Significant experience in all areas of employment law.
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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).

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