How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Patrick, Esq. Your Own Question
Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12495
Experience:  Significant experience in all areas of employment law.
Type Your Employment Law Question Here...
Patrick, Esq. is online now
A new question is answered every 9 seconds

I am an RN and was working at an Assisted Living Facility.

Customer Question

I am an RN and was working at an Assisted Living Facility. There are multiple problems and I have worked very many hours trying to keep the facility in compliance. We had a survey by the Dept of Health on 3/30/16. We were cited for minor issues, mostly related to record keeping. All were minor and most were not my fault. The part owner and President of the company started pacing and yelling profanities at me in front of several other staff. When I tried to defend myself he began mocking me and saying things such as, "If you don't like the way I am you can get the f**k out". He used this word several times. I told him I would have my 30 days notice in writing the following morning. He said his policy was to accept resignations effective immediately. I went to my office to pack my things and my manager and the Quality Manager came to my office and begged me not to leave. They both said the behavior was inappropriate and would never happen again. I agreed to consider staying and went to my car. The president came and knocked on my window and said he was sorry, his behavior was inappropriate, and he "never meant to hurt me". I said I would consider staying.For the next few days the pressure to admit residents that were inappropriate, correct the the survey issues immediately, and blaming me for a concern that occured when I was not at work continued. I turned in my resignation effective immediately on April 4 at 8am. I am not sure if there is any legal action I can take based on the hostile work environment and verbal assault?
Thank You,
Aileen Motz
Submitted: 1 year ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 year ago.
Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question. While the outburst you describing is highly unacceptable and reflects an extremely poor management style, it would not typically give rise to any legal claims. In general, "verbal assaults" and "hostile work environments" do not violate any law unless the language is attacking a legally protected trait, such as race, religion or disability. (i.e. yelling racial slurs at someone) Then, it is potentially actionable under civil rights laws. In all other circumstances, the law does not regulate this sort of behavior, and no law prohibits employers from yelling, swearing, and being downright nasty to their employees. It sounds like you made the right decision here by resigning. However, it is just not a situation that you would typically be able to sue your employer over. The best revenge is to leave for better work. 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 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.