Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law

An employee was asked to apologize to a supervisor who she

Customer Question
offended....and to a client who...
An employee was asked to apologize to a supervisor who she offended....and to a client who was taking her business elsewhere because of rude, disrespectful behavior by this employee. She was not being fired! She refused to apologize, started screaming that she was being "ganged up" on and quit. But not before shouting at her supervisor,"I hate you!"
Now, her sister, who is an attorney, is claiming harassment and a hostile work environment. She is asking for a settlement of $25,000.
Do we go to court (we have irrefutable facts that her claims are just based on her rage and hatred of her supervisor)? Or do we settle?
She, obviously, will have no legal fees. We have insurance coverage up to $100,000.
Submitted: 2 years ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 7 minutes by:
11/21/2015
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 2 years ago
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19,438
Experience: Employment/Labor Law Litigation
Verified

Make her take you to court, because it would appear that her sister the attorney doesn't know much about law here. Generalized harassment and "hostile work environment" require a very specific showing. She would have to prove more than just that she felt harassment. Even if that were true, that's not enough. She also have to prove that the underlying reason for the harassment was her race, religion, gender, age, disability or recent FMLA use. Again, the Supreme Court of the United State specifically held that our employment laws are not meant to be a civility code. Unless she alleges and can prove (because it is her burden) that the actual basis for the alleged harassment here was one of those factors (race, religion, etc.) and NOT the reason you've given (which is a legitimate and non-discriminatory reason), she can't win.

Furthermore, she can't go directly to court. She has to go through the EEOC or New York Human Rights Commission, who will do their own investigation, can do mediation and will provide their opinion on the strength of the case (and they may very well tell her that she doesn't have one).

I believe that this is a nuisance settlement attempt, to just see if you'll shake in your boots because an attorney is calling you. Make her do it right. Make her file the EEOC complaint and go there. If it settle anywhere, do it there, because it will be in a controlled environment, but I don't see you needing to settle this. Once you call her bluff, if she actually knows this area of law, she'll back down.

Ask Your Own Employment Law Question
Ask Allen M., Esq. Your Own Question
Allen M., Esq.
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19,438
19,438 Satisfied Customers
Experience: Employment/Labor Law Litigation

Allen M., Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

19,438 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,316 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,054 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,912 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
CIVIL - EEOC - Discrimination, Retaliation, Wrongful
CIVIL - EEOC - Discrimination, Retaliation, Wrongful Termination... How to WRITE/WORD the petition to the court for:One of the retaliations = Suspension without warning of the use of vacation time Jul… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I was on FMLA. My position with the company was considered
I was on FMLA. My position with the company was considered critical so four weeks out they hired the PRN person to do my job. I returned to work after 8 weeks. Now I am having to train my replacement … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,385 satisfied customers
Out on fmla, my manager, hr department and payroll
Out on fmla, my manager, hr department and payroll department are not responding to my requests to view my time off accrual reports. My paychecks have been incorrect and I've asked to review my accrue… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have a question about unemployment benefits and EEOC
i have a question about unemployment benefits and EEOC procedures … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Can I file a complaint against my employer for hostile work
Can I file a complaint against my employer for hostile work environment? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Under the FMLA can an injured worker who is a qualified
Under the FMLA can an injured worker who is a qualified injured worker be placed in a position that will displace a regular associate already in that position? … read more
Ray
Ray
Lawyer
Doctoral Degree
30,877 satisfied customers
I'm in New Oxford, PA. Last week, my son placed a hostile
I'm in New Oxford, PA. Last week, my son placed a hostile work environment/harassment complaint with HR on a supervisor. He was fire this week, and they are not giving him a reason. … read more
John
John
Employment Lawyer
Doctoral Degree
3,912 satisfied customers
I had an incident at work that created a hostile work
I had an incident at work that created a hostile work environment for me and I want to know if there are basis for a law suit … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
19,438 satisfied customers
During the 300 days of the EEOC investigation - the written
During the 300 days of the EEOC investigation - the written complaints I submitted were all returned way past the "15 work day" investigation time as "no valid evidence"..... the VP of Finance is the … read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,289 satisfied customers
This is about employment law. No, that is not necessary or
full time and our contract does include a non compete clause … read more
Damien Bosco
Damien Bosco
3,390 satisfied customers
Hostile workplace towards female management. What can I do?
Hostile workplace towards female management. What can I do? … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I asked for FMLA PAPERWORK AND WAS FIRED. Arkansas I am also
I already have intermittent FMLA for narcolepsey and am covered by the ADA. I was fired because they said that I was over the companies 80 hour rule. However after further investigation. I was actually at 79.25 hours.… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Are you familiar with employment law in Arizona? Full time /
wrongful termination, sexual harrassment misconduct/cover up, hostile work environment, retaliation.....hi-profile employer, out of fear and fiancial panic, took severance and signed. first, any severance in hospitality is unheard of....employer offered me two months, i countered at 6 months and then agreed to five months because of financial situation...to me, this reeks guilt?....can i still pursue complaint with EEOC? I have multiple witmesses to sexual misconduct and did in fact inform management....too much too type...ugh … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,693 satisfied customers
Is it a requirement in Florida to file a compliant with EEOC
Is it a requirement in Florida to file a compliant with EEOC first, before filing a lawsuit against a former employer for age discrimination?… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,001 satisfied customers
I have been dealing with a hostile coworker in my workplace.
Hi, i have been dealing with a hostile coworker in my workplace. She works under my direction and supervision. She has a close relationship with my director. When she is asked to do something in workp… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,321 satisfied customers
I've been falsely accused of creating a hostile work
I've been falsely accused of creating a hostile work environment and HR will not work with me towards resolution and they will not retract their accusation … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
19,438 satisfied customers
I submitted FMLA paperwork for reinstatement of my FMLA and
I submitted FMLA paperwork for reinstatement of my FMLA and it's been 8 days. I haven't received approval, denial or a request for more information. How long do I have to wait for an answer either way… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,693 satisfied customers
This concerns FMLA; the use of FMLA is limited as I
This concerns FMLA; the use of FMLA is limited as I understand it. However, can you give credence to whether an employee can use FMLA in conjunction with a previously scheduled vacation out of country… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,385 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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).

Show MoreShow Less

Ask Your Question

x