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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12615
Experience:  Significant experience in all areas of employment law.
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The company I work feel has a hostile work enviroment

Customer Question

The company I work for I feel has a hostile work enviroment the owner will curse at employees kick things. Mangment makes remarks of individuals being ignorant due to errors in work performance. It has taken its toll on me and I live in Arizona where in order to recieve unemployment you must be fired but I was told also if you work in an hostile enviroment. I am a victim of domestic violance and it makes me sick to my stomach to have ot come to work fearing what the owners mood will be. What can I do about this We are also told we are not to use the restroom until break.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 2 years ago.
Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.
I am very sorry to hear about the way you are being treated at work. Unfortunately, though, 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, aggressive, or even downright nasty to their employees. These sorts of behavior are only prohibited if they relate directly to an individual'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 they occur in retaliation for engaging in protected conduct (e.g. filing a wage claim, or taking FMLA protected leave, or complaining about the sort of unlawful harassment described above). In these cases, the law does recognize a claim for "hostile work environment."
However, rude, "hostile"or retaliatory treatment for any other reason, despite being unprofessional and uncalled for, is not in violation of any law. So, for example, it would be illegal to yell racial slurs at an employee but it is not illegal to call an employee "stupid." The courts have made clear that they will not be the arbiter for all other forms of workplace harassment, no matter how egregious, unless it involves "protected traits" or unlawful retaliation as described above.
Since it does not appear that you are suffering harassment that relates to a legally protected trait or activity, your options are extremely limited and essentially consist of talking to the owner and asking them to be more respectful or seeking alternative employment where you are hopefully treated with the respect you deserve. You are correct that you cannot simply quit and collect unemployment benefits until you find a new job, so you'll need to look for employment while you are still employed and then quit once you've secured another offer.
I hope that you find this information helpful and am genuinely sorry if it is not what you were hoping to hear. 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 moving forward.
Expert:  Patrick, Esq. replied 2 years ago.
Hello again,
I just wanted to followup with you to make sure that you did not have any further questions or concerns. For some unknown reason, the experts are not always getting replies or ratings (which is how we get credit for our work) that the customer thinks have gone through. In your case I have not yet received either. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the site administrator.
In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed.
Very best wishes.