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Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20357
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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I have questioned my direct boss about s decision that cost

Customer Question

I have questioned my direct boss about his decision that cost me $300 on a sale, over 60% of my commission. Privately ... He screamed at me for questioning him ... I then asked his boss if he would check out the decision. My boss screamed at me at the top of his lungs in front of the entire office using vulgarity (f...y..). I then texted his boss asking if I could speak to him about the situation ... two hours afterward, I was suspended for 4 days ... by my direct boss ... leaving me without pay, or even a decision of further employment. What shall I do? By the way, I am the top producer ... and this is the 3rd time I've been sworn at by my boss in the last 3 weeks. I am 67 yrs old - he seems intimidated, and this is the 1st time I have stood up for myself.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Marsha411JD replied 2 years ago.
Thank you for the information and your question. Although it is clear that your boss is unprofessional and has an anger management problem that, in and of itself is not unlawful. Unless your boss targets only you and does so simply because of your race, national origin, age (over 40), sex, religion, disability, pregnancy or AIDS/hiv status, what he is doing may violate an internal policy but not the law. You mentioned your age. If your boss is under 40 years old and the facts would prove that this behavior is only targeting you because you are over 40, then there might be an issue of age discrimination. However, under the law, the reason for his behavior must only be your age and not some other reason such as his management style or you confronting him. If you do believe it is because you are over 40, you can file a formal complaint with HR and if they don't resolve the issue, you can file a complaint with the EEOC.
If this is not a matter o unlawful discrimination then, unfortunately, the employer is free to act unprofessionally and to take any disciplinary action they choose, whether arbitrary or not, unless you have a written contract that states otherwise. If you do have such a contract, then you need to take it to a local employment law attorney and have them assist you with the company.
Please let me know if you need any clarification. I would be glad to assist you further if I can.
Expert:  Marsha411JD replied 2 years ago.
Hello again,
I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 14th. For some unknown reason, the Experts are not always getting replies or ratings (in the pop up box for this question, which is how we get credit (paid) for our work) that the customer thinks have gone through. In your case I received neither. 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. You can bookmark my page at:
Thank you.