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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12942
Experience:  Significant experience in all areas of employment law.
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I have been harrassed into resigning by my direct supervisor

Customer Question

I have been harrassed into resigning by my direct supervisor who would even text me nasty messages on my personal cell phone. I have piles of documentation regarding her discriminatory treatment of me to include gossiping about me to other Employees. Do I have a case?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 2 years ago.
Hello and welcome. I am very sorry to hear about the way you were being treated and the fact that you felt it necessary to resign. In general, however, I must tell you that no law requires employers to be pleasant, professional, or even respectful toward their employees. It is not illegal to text rude messages to an employee on the employee's personal cell phone, nor is it illegal to gossip. This sort of conduct ONLY becomes illegal when it is directed toward an employee because of a legally protected trait, such as the employee's race, religion, or disability. In those specific instances, it becomes actionable under our civil rights laws. But in all other circumstances, the law does not regulate the sort of behavior you describe. Certainly, you are free to resign from your position in response to it, but the law does not entitle you to collect damages from your employer. All you can do is apply for unemployment benefits and move on. Now, if you think that a legally protected trait was your supervisor's motivation for treating you in these ways, your recourse would be to file a complaint with the EEOC. The EEOC will conduct an investigation and attempt to mediate a resolution with your employer. That not forthcoming, they will issue you a "right to sue" letter which will allow you to file a lawsuit in civil court. I hope that you find this information helpful and am genuinely sorry if it is not exactly 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 paid 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.