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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19169
Experience:  Employment/Labor Law Litigation
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I started to work USPS back in Feb. I went thru orientation

Customer Question

I started to work for the USPS back in Feb. I went thru orientation and what the call the "academy". The first day I reported to my post office some guy behind me started making remarks about the regular carrier's route how short it was and easy and could she help him because she had help that day etc. He asked me several days if I was ready to quit without any other conversation. After that I was sent out to run half the route several times. The supervisor keeps fussing im not getting done on time. This harassing guy keeps making out loud remarks about do I want to quit. I feel harassed by him. Just this past Monday he says today is day to quit because of so much mail. I was called on carpet also by postmaster told not to take breaks out on back dock but after I leave I could go somewhere and eat my lunch and I have to step it up. Told me I have two weeks. Told me not to have radio on in car while delivering but later on after I get it it would be ok. Also another woman in the office one day said that this job might not be for me after she overheard me kinda joking with someone that was helping me that I was already worn out before we left to go deliver. I was not speaking to her. The postmaster called me in his office Monday and said I have two weeks counting Monday to step it up but I don't work every day. He asked if there was anything they could do to help and I started telling him about boxes not to standard and supervisor says that's only a few boxes and sweeps it under the rug. Do I have a case for employee harassment?
By the way I am overweight and 49 years old. I feel this has a lot to do with it.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year ago.
Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance. Employee harassment doesn't actually have any legal meaning unless there is accompanying discrimination based on an illegal factor. So, just the treatment itself legally isn't any form of harassment. Now, you mentioned your weight and age. Weight is not a legal basis for discrimination in employment law. An employer could actually overtly call someone "fat" and it would not be illegal in employment law. So, that fact doesn't assist here. Age though can be the basis for a discriminatory claim. Now, the things you mentioned could suggest age discrimination. However, the comments also relate to performance and not age. Your comment about being tired and their comments related to that can be about a person's conditioning rather than age. Asking if you were ready to quit doesn't relate to age specifically either. None of the facts you outlined specifically point to age as the motivation for the treatment. Without something more specific, I do not see any potential for a claim here. If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.
Customer: replied 1 year ago.
so someone can make remarks toward you or your performance all they want?
I also forgot to mention that Monday I was out on the back dock and some guys were weighing themselves on the scales. One of the guys spoke up and said Bob don't get on there. I hear all these remarks and I know they are pointed toward me and this does not help my morale. Guess its ok for me to start talking about how they look and hair don't suit me and so on . their clothes are not pressed etc? If I knew I could do that then I would have already started throwing rocks back. So it does not matter what you say to another employee?
Customer: replied 1 year ago.
Also one day the supervisor said to woman who was helping me something about me being sooo slow. I took this like I am not a smart individual. I have a B S in Accounting I am not a dumb person. I think my age has a lot to do with my employment situation. I know it is very hard to prove but it is true.
Im just gonna start making remarks back till they fire me?
Expert:  Allen M., Esq. replied 1 year ago.
Yes, someone can make all the statements they want concerning performance. You can also be insulting. The Supreme Court noted that our laws are not a civility code for the workplace. Again, weight is not a protected category and while I understand it is hurtful, it is not an illegal comment, so it does nothing for you legally here. Saying you are "so slow" isn't illegal either. A court is going to consider all of these comments generalized harassment which is not illegal in this country. You can certainly make comments about their hair if you want. It's not illegal. Of course, they can choose to dislike it and terminate you, as they are in the position to terminate. I understand that you think age has something to do with his, but you touch on the have to prove it. There has to be some comment being made that clearly indicates age as the factor or you have to be the only person over 40 working there (and so the only person over 40 being harassed), such that you can suggest age. If you want to pursue that, you can contact the EEOC in your state and have them investigate the matter to see if there might be more, but again, at this stage you've stated no facts that would allow me (a person that litigates these cases) to get the claim beyond the initial burden in a trial.
Expert:  Allen M., Esq. replied 1 year ago.
Hello, I wanted to check in and make sure that there was not any additional information that you required. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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