Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law

Workplace hostility and harassment--am a project manager but

Customer Question
boss does nothing when complaints...
Workplace hostility and harassment--am a project manager but boss does nothing when complaints are raised..because the accuser is his friend what to do
Submitted: 6 months ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 9 minutes by:
5/11/2017
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 6 months ago
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19,344
Experience: Employment/Labor Law Litigation
Verified

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.

The term "hostile work environment" is, understandably, very misunderstood. It sounds like it applies to any situation where there is harassment and hostility. However, that is not true. The Supreme Court of the United States specifically defined the concept as only applying in circumstances where you have the additional ingredient of discrimination based on race, religion, gender, age, disability or FMLA use. Without one of those factors, the court refers to it as general hostility which is not illegal. The high court stated that our employment laws are not meant to be a civility code.

So, unfortunately, unless you can point to one of those factors as the underlying basis for your treatment, it is not illegal. If you can allege one of those factors, then you need to file a complaint with the EEOC in your state. That is a free and protected activity, meaning you can't be terminated for filing it.

If you have any further questions or other facts that you would like me to consider, 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 three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

Ask Your Own Employment Law Question
Customer reply replied 6 months ago
Ok--Well I have the additional ingredient of race and gender --the other issue that happened to my employee--he was white... he is aggressive to anyone he chooses think he has something medical as he is in his early 70's -I'm scared after Tuesday to go to work...as he may do something else or hurt another employee...I guess I will have to just pray.thanks.
Customer reply replied 6 months ago
Stayed home today--
Customer reply replied 6 months ago
Well what about the added issue of expecting long work hours like 5 extra hours 3-4 times a week on average --sometimes after working 9-5 and commuting 4 hours every day--it is expected without written word that you work until 11 or more no matter what--I am a single mother with a child...
Employment Lawyer: Maverick, Lawyer replied 6 months ago
Maverick
Maverick, Lawyer
Category: Employment Law
Satisfied Customers: 6,425
Experience: 20 years professional experience
Verified

Welcome to Just Answer! My name is Maverick. Please give me a few minutes to review your inquiry. Thank you for your patience.

Ask Your Own Employment Law Question
Employment Lawyer: Maverick, Lawyer replied 6 months ago

There are a couple of things you can try here. First, you can file a police report and you and the other employee here can both file a criminal complaint for assault. Under MD law, assault is the attempted touching of another person, without that person’s consent, and includes the act of placing someone in fear of an intentional touching.

You also may be able to sue or threaten to sue your employer for criminal acts of another employee under the legal doctrines of vicarious liability, negligent hiring, negligent retention, and/or negligent supervision. But, this may cost you your job.

Finally, you can threaten to file or file a civil suit for assault by getting a lawyer to send a cease and desist letter to this employee with a copy to the employer. A letter like this may cost about $250.00.

Note: Just Answer’s site disclaimer apply to all services including premium services. This information may not be correct, complete or reflect current legal developments for your specific jurisdiction. Please do not act or fail to act based on it alone. Most follow-up questions are answered within 24 hours. Please assign a feedback rating when we are done so JA will compensate me for this answer. Thank you.

Ask Your Own Employment Law Question
Employment Lawyer: Maverick, Lawyer replied 6 months ago

P.S. Please remember to assign a positive feedback rating on this so that Just Answer will compensate me for this answer. Thank you.

Ask Your Own Employment Law Question
Ask Maverick Your Own Question
Maverick
Maverick
Maverick, Lawyer
Category: Employment Law
Satisfied Customers: 6,425
6,425 Satisfied Customers
Experience: 20 years professional experience

Maverick 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

19,344 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,264 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

11,887 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

3,773 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
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
891 satisfied customers
I have been dealing with a hostile coworker in my workplace.
Hi, i have been dealing with a hostile coworker in my workplace. She works under my direction and supervision. She has a close relationship with my director. When she is asked to do something in workp… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,081 satisfied customers
Do employment laws still cover employees who are being paid
do employment laws still cover employees who are being paid under the table? I have been told by the employer that the job would start with cash for the fist couple of weeks then it would turn into pa… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Is is considered discrimination to state a person is hard to
Is is considered discrimination to state a person is hard to understand due to accent? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Wrongful termination due to disability discrimination.
Wrongful termination due to disability discrimination. … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,499 satisfied customers
I filed a complaint with my job. It has become more hostile.
I filed a complaint with my job. It has become more hostile. I don't feel comfortable anymore and I have a feeling they are trying to fire me. They are wanting to meet with me tomorrow and I don't fee… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
19,344 satisfied customers
Is it a violation of FMLA if the employer knew that an
Is it a violation of FMLA if the employer knew that an employee had a serious health issue and fired that employee, when 12 weeks of FMLA could have resolved the issue. … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
11,887 satisfied customers
Scenario: someone goes on FMLA on January 23. This person is
Scenario: someone goes on FMLA on January 23. This person is currently an office administrator and received a raise in December 2016. This person has a stroke on January 23 and is put on FMLA until th… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
19,344 satisfied customers
I've been falsely accused of creating a hostile work
I've been falsely accused of creating a hostile work environment and HR will not work with me towards resolution and they will not retract their accusation … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
19,344 satisfied customers
What is the difference between discriminate and harassment,
What is the difference between discriminate and harassment … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
19,344 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
891 satisfied customers
I was on FMLA which my employer allowed to go into a medical
I was on FMLA which my employer allowed to go into a medical leave. I have returned to work, my position has totally changed (demotion) as a contract admin with a JD I am now doing a new MSA and Subco… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I submitted FMLA paperwork for reinstatement of my FMLA and
I submitted FMLA paperwork for reinstatement of my FMLA and it's been 8 days. I haven't received approval, denial or a request for more information. How long do I have to wait for an answer either way… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,499 satisfied customers
Do not know if it is illegal. My manager shows hostility
Do not know if it is illegal. My manager shows hostility when things do not go his way. Incident happened twice once with a group of employee, second time with me. I asked a question; the question was… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
11,887 satisfied customers
This concerns FMLA; the use of FMLA is limited as I
This concerns FMLA; the use of FMLA is limited as I understand it. However, can you give credence to whether an employee can use FMLA in conjunction with a previously scheduled vacation out of country… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,946 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
Do I need an attorney to file a claim for hostile work
Do I need an attorney to file a claim for hostile work environment? And, is filing the claim with the EEOC the first step to take before getting an atty … read more
Ely
Ely
Counselor at Law
Juris Doctor
266 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