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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19169
Experience:  Employment/Labor Law Litigation
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I have been working employer two years now

Customer Question

I have been working for my employer for almost two years now and I have been felling as I have been in a hostel work environment I have reported to my HR department and the last time the HR department had spoke to myself and the individual that has been going against me since I had started in this department informed us if there was any more drams, rumors in are department she was firing her and I. well this individual has wrote a statement about me, that falls in the harassment category, in a log for all are co-workers and boss to see. My boss knows he has to report this, and I know this means HR is going to come after both of us even know this was all detected at me I did not to prove and cause this action. Is this legal for HR to fire me?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 2 years ago.
Hello, my name is ***** ***** I look forward to assisting you today. I bring nearly 20 years of experience in various legal disciplines.
Hostile work environment actually has a very specific legal meaning which isn't as broad as most people think.
It only refers to discrimination directed at you based on your race, religion, gender, age, disability or FMLA use. It does not refer to any other treatment which might be considered generally harassing. Generalized harassment is actually not illegal in this country.
Regrettably, that means that your employer's HR can terminate both of you based on any further issues between you. In fact, the employer could even legally side with the person doing the harassing UNLESS it is harassment based on race, religion, gender, age, disability or recent FMLA.
I do wish I could tell you differently here, but unfortunately, without an allegation of discrimination HR can fire either or both of you.
Customer: replied 2 years ago.
Well that is how I feel this is getting pushed on me because the one doing all this is African American the HR i took it to is African American I try ed to transferring when all this first started and they wouldn't let I am the only white female in are department. I have felt this has been because of all color all along but I don't know how to prove it. So in the same case there is nothing I can do is there even know I have done nothing wrong?
Expert:  Allen M., Esq. replied 2 years ago.
If HR were to fire both of you though, it wouldn't look like favoritism based on race, because the HR person would have fired both the African-American and the non-African American.
Now, if you were the only one fired, even though the other person caused the trouble, THEN you could claim disparate treatment with the Equal Employment Opportunity Commission, claiming discrimination based on race.
That is the only way though. In employment law, unless you have a contract of employment specifically stating you can only be terminated for cause, your employment is "at will" and can legally be terminated at any time without cause. So, it wouldn't matter that you had done nothing wrong.

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