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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12801
Experience:  Significant experience in all areas of employment law.
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I was fired violating general rules of conduct up at my boss

Customer Question

I was fired violating general rules of conduct for blowing up at my boss over company policy. i was always stressed out around him because of some of the things he would say to us like That job is so easy a monkey could do it. I see we've monkey f$%ked another job together . at one time he asked me what went wrong over and over because i didn't answer with what he wanted to hear causing me to lose my cool then also.He also sent me a picture of a penis that was meant as a joke. we all laughed over it but is that ok for your supervisor to send no matter how its taken
Submitted: 1 year ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 year ago.

Good evening and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

I am sorry to hear that you worked for such a rude an inappropriate boss. With regard to the sexually explicit picture, that would be actionable on a sexual harassment theory if you could prove that it was unwelcome and offensive. If you laughed about it, though, and did not legitimately find it offensive, you would have no claim. Moreover, your claim would be restricted to the emotional distress you suffered as a result of seeing this picture. It does not sound like seeing this picture was so traumatizing to you that any jury would be likely to award significant damages. So, this most likely is not a viable claim.

As for the offensive comments, the law does not prohibit employers from being rude, mean or disrespectful, it only prohibits such conduct when it relates directly to a legally protected trait, such as race or religion. Calling someone a "monkey" is a term that has been historically used as a pejorative toward African Americans. If you are an African American, perhaps you could then make a claim that these inappropriate comments were racially motivated. But otherwise, while offensive and disrespectful, these comments would not be actionable on any legal theory.

I hope that you find this information helpful. 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.

Expert:  Patrick, Esq. replied 1 year 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.