Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law

My boss constantly use profanity on me! What should I do?

Customer Question
my boss constantly use profanity...
my boss constantly use profanity on me ! What should I do ?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Florida
JA: Is the employment agreement "at will," union, full time or part time?
Customer: Full-time
JA: Anything else you want the lawyer to know before I connect you?
Customer: I Apply for kitchen manager and now he wants me to clean tables and cook !! 15 hours a day with no break and no lunch
Submitted: 1 year ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 18 minutes by:
10/23/2016
Employment Lawyer: RobertJDFL, Lawyer replied 1 year ago
RobertJDFL
RobertJDFL, Lawyer
Category: Employment Law
Satisfied Customers: 14,206
Experience: Experienced in multiple areas of the law.
Verified

Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

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

Is your employer discriminating against you on the basis of your race, religion, age (if over 40), sex, religion or national origin? Have you reported his comments to anyone?

Ask Your Own Employment Law Question
Customer reply replied 1 year ago
No
Customer reply replied 1 year ago
My coworker see that
Customer reply replied 1 year ago
asked me why I let him do that because I am a father of four and I need to job
Customer reply replied 1 year ago
I'm 44 Hispanic and yes he is discriminating against me!
Employment Lawyer: RobertJDFL, Lawyer replied 1 year ago

Thank you for your patience.

Unfortunately, as the Supreme Court has noted, the law is not, in their words "a civility code." That is to say, while it is illegal for an employer to discriminate on the basis of things like your race, religion, age (if over 40), sex, disability or national origin, it is not illegal for them to act unprofessionally, or be rude or mean. Therefore, from a legal standpoint, while your boss uses profanity against you, and it's certainly rude and unprofessional and in poor taste, it's not illegal.

If you work for a large chain restaurant, you can (and should) report the matter to human resources or to your boss's immediate supervisor. If you work somewhere where your boss is the top person, you really unfortunately have two choices then -confront them directly and try to make clear that you won't stand for it or look for another job.

Using profanity, by itself is not evidence of discrimination. Now, if they truly are discriminating against you - treating you differently than other employees -such as denying you perks or benefits, keeping you out of employee meetings, giving you all negative reviews while everyone else gets positive reviews, making comments directly about your age or race, etc. and you believe you are being treated differently specifically because of your age or race, then you need to file a complaint with the Equal Employment Opportunity Commission, or EEOC (www.eeoc.gov).

The EEOC will then investigate your complaint. Should they find evidence of discrimination they will attempt to reach a resolution with your employer directly. If they cannot find evidence of discrimination then they will issue you a "Right to Sue" letter, after which you will have 90 days from the date of the letter to bring a lawsuit against the employer.

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!

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. Thank you!

Ask Your Own Employment Law Question
Customer reply replied 1 year ago
He can be happy laughing and smiling with other people but he if I come around he gives me an attitude! Makes me do most of the labor
Employment Lawyer: RobertJDFL, Lawyer replied 1 year ago

As I said, being rude by itself itself necessarily evidence of discrimination. To play devil's advocate, an employer could simply say "I just didn't like them...I don't care that they're older or a different race." Giving you more work or an unfair share of work versus other employees of different races could be seen as discriminatory.

That said, you certainly have nothing to lose by filing a complaint with the EEOC. If the employer retaliates against you for filing, that could actually give rise to a claim for discrimination by retaliation. And while, as I mentioned the EEOC often finds no evidence of discrimination, you still will have the right to sue letter and could bring your own suit.

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

Was there anything I could clarify for you or additional information you needed? If so, kindly REPLYand I'm happy to help further! If not, please kindly remember to leave a positive rating for me by clicking on the stars at the top of the page. Attorneys on Just Answer are not employees of this site, and are not paid until you leave a positive rating for our time and assistance. Thank you.

Ask Your Own Employment Law Question
Ask RobertJDFL Your Own Question
RobertJDFL
RobertJDFL
RobertJDFL, Lawyer
Category: Employment Law
Satisfied Customers: 14,206
14,206 Satisfied Customers
Experience: Experienced in multiple areas of the law.

RobertJDFL is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,549 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,316 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,054 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,912 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
CIVIL - EEOC - Discrimination, Retaliation, Wrongful
CIVIL - EEOC - Discrimination, Retaliation, Wrongful Termination... How to WRITE/WORD the petition to the court for:One of the retaliations = Suspension without warning of the use of vacation time Jul… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have filed a complaint with EEOC under Age discrimination
I have filed a complaint with EEOC under Age discrimination and harassment. Had to resign from job at State agency 2 weeks after receiving PIP due to continuous harassment for more than a year, have w… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,054 satisfied customers
Can a state university discriminate against a female full
can a state university discriminate against a female full professor by paying her 20% less than their male full professors with similar experience and qualifications and/or in making class assignments… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
35,299 satisfied customers
I have a question about unemployment benefits and EEOC
i have a question about unemployment benefits and EEOC procedures … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I filed a discrimination/ retaliation claim; race; age claim
I filed a discrimination/ retaliation claim; race; age claim against my former employer with the NY State Division Of Human Rights. i received the respondents answers to my complaint. … read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,157 satisfied customers
My question would relate to age discrimination. In 2010,
In 2010, when I was 70, I accepted a 40 hour full time job as Staff Accountant for a non profit organization. I actually reported to a contractor that did the agency financial work. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,372 satisfied customers
I am being retaliated against with a company for turning
I am being retaliated against with a company for turning their recruiter in for sexual harassment and they withdrew their offer even though I have fulfilled my end of the offer. What can be done? … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,537 satisfied customers
I will skip the entire story of discrimination, retaliation,
I will skip the entire story of discrimination, retaliation, and coercion by both my University Human Resources Department and my own Union Director (who did not read the fine print and refused to dis… read more
John
John
Employment Lawyer
Doctoral Degree
3,912 satisfied customers
If there were many items of retaliation within the 300 days
If there were many items of retaliation within the 300 days - do I list everything by DATE of occurrence or ...? I guess, give Me an idea of exactly what the LAW views as "retaliation"?… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,549 satisfied customers
Is there a wrongful termination or discrimination case if an
Is there a wrongful termination or discrimination case if an employee gets laid off after taking a 2 week medical leave for surgery for breast cancer? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
996 satisfied customers
After having filed an EEOC discrimination complaint at
After having filed an EEOC discrimination complaint at Texxxxxxxxx xxxxxxx xxxxxx - one of the retaliations that occurred was a witnessed verbal assault by the supervisor, during a "review" meeting of… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Is it a requirement in Florida to file a compliant with EEOC
Is it a requirement in Florida to file a compliant with EEOC first, before filing a lawsuit against a former employer for age discrimination?… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
996 satisfied customers
In a US District Court complaint are thier any retaliation
In a US District Court complaint are thier any retaliation laws or acts that could be used In a retaliation lawsuit against a state that would overcome a claim of state soveirgn immunity by that state… read more
Ray
Ray
Lawyer
Doctoral Degree
30,865 satisfied customers
I believe I was wrongfully terminated in retaliation for
I believe I was wrongfully terminated in retaliation for raising questions about gender pay inequity and bias treatment towards me as a female, should I go to the EEOC or find my own attorney? … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,312 satisfied customers
I am considering filing an EEOC claim of discrimination and
I am considering filing an EEOC claim of discrimination and retaliation. My employer was going to terminate me, but said I could resign instead. I had about 30 seconds to decide. I wrote a resignation… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
996 satisfied customers
I have been harassed,discriminated and retaliated for years.
I have been harassed,discriminated and retaliated for years. I am a public school teacher 65 years old with an ADA letter of accommodations. My principal violates the ADA law, the union contract she h… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I went to the EEOC for age discrimination. They in turn made
I went to the EEOC for age discrimination. They in turn made me sign an AOF retracting it for 90 days severance. I felt I was forced to resign … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I received retaliation from eeoc because i reported one of
i received retaliation from eeoc because i reported one of their employee who did not process my hearing requested. when i received the acknowledge order is was signed by legal tech and not by ALJ .wh… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers

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.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x