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My VP grabbed me by my arms and forceably moved me out of

Customer Question
the way when I was...
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: 1 year ago.Category: Employment Law
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Answered in 12 minutes by:
8/21/2016
Employment Lawyer: RobertJDFL, Lawyer replied 1 year ago
RobertJDFL
RobertJDFL, Lawyer
Category: Employment Law
Satisfied Customers: 14,192
Experience: Experienced in multiple areas of the law.
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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.

Please remember to kindly leave a positive rating for me by clicking on the stars, as that is the only way experts are paid for their time even though you may have already paid a deposit to the site. Follow-up questions asked in this thread do not cost anything additional after leaving a positive rating.

If you need clarification
about my answer or additional information, please use the SEND or REPLY button to continue our conversation. Your satisfaction is my goal and I am here to help!

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Employment Lawyer: RobertJDFL, Lawyer replied 1 year 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!

Ask Your Own Employment Law Question
Employment Lawyer: RobertJDFL, Lawyer replied 1 year 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!

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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.

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