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RobertJDFL, Lawyer
Category: Employment Law
Satisfied Customers: 13499
Experience:  Experienced in multiple areas of the law.
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My VP grabbed me by my arms and forceably moved me out of

Customer Question

My VP grabbed me by my arms and forceably moved me out of the way when I was working. I reported it to HR along with a slew of other ways she berates me and others in the office.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: IL
JA: Is the employment agreement "at will," union, full time or part time?
Customer: Full time and I believe at will.
JA: Anything else you want the lawyer to know before I connect you?
Customer: HR phoned me and we had an 1.5 hour convo on Friday. I am now taking Mon/Tues off while they conduct their investigation.
Submitted: 11 months ago.
Category: Employment Law
Expert:  RobertJDFL replied 11 months ago.

Thank you for using Just Answer. I look forward to helping you today.

Unfortunately, as the Supreme Court has noted, the law is not a civility code. There is no legal requirement that an employer be nice, polite or act professionally to its employees. Employers can't treat employees differently based on race, sex, national origin, skin color, religion, age over forty, disability or perceived disability, and in some places sexual orientation and gender identity. (There may be some other protected classifications depending on each state's individual laws, but those are the main ones for purposes of illustrating the point).

It's hard to know from these limited facts exactly what is happening and whether you may have potential recourse. If you are being treated worse than other employees based on a protected class, you have a right to file a complaint with the Equal Employment Opportunity Commission (EEOC). The EEOC will then either decide to proceed against the employer or will furnish you with a right to sue letter, which will give you the ability to bring your claim in court.

You should be aware that discrimination is difficult to prove, and the courts are generally predisposed against it, in large part because anti-discrimination laws are so often abused. You should carefully consider two factors before deciding to proceed. First, has your employer made disparaging comments about you based on your age, race, gender, creed, or national origin. Second, are you being treated worse that comparably placed employees (i.e., same or very similar job) who do not share the characteristic that is the focus of the discrimination (such as race etc.). Things to look out for include being disciplined for conduct tolerated from workers outside the protected class or for conduct that the employer/manager has engaged in.

One other thing to add is this --the employer putting their arms on you like that could be considered a battery -an unwanted, intentional touching. It's a criminal offense -a misdemeanor -and punishable by a fine and/or possible jail time (though that's unlikely in cases where there wasn't serious injury). So that is something your employer needs to carefully review, and you should know that if you wanted to, you could actually file a police report based on what happened.

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Expert:  RobertJDFL replied 11 months ago.

I see that you have not left a positive rating for me yet. Was there something I could clarify for you about my answer, or additional information you needed? If so, please let me know. I'm here to help!

If not, I would kindly ask that you take a moment at this time to click on the stars to leave a positive rating, as that is the only way I am credited for my time and assistance, even if you have left a deposit. Remember that you can always ask follow-up questions in this thread at no additional cost after leaving a positive rating. Thank you!

Expert:  RobertJDFL replied 11 months ago.

Was there some additional information or clarification I could provide? If so, please reply, as I'm happy to assist further!

If not, please kindly remember at this time to click on the stars to leave me a positive rating, as that is the only way experts are paid on this site. Thank you!