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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 118635
Experience:  20+ Years of Employment Law Experience
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My boss is gaslightening me. Telling me that I'm having a

Customer Question

My boss is gaslightening me. Telling me that I'm having a mental break down and that she advises I seek mental counsel. My boss has been in her position for 4 months. The first time she suggested this was the 2nd time we met
JA: Was this discussed with a manager, HR, or an attorney?
Customer: My bosses boss. I work for a very large liquor company. I've spoke to colleges. I'm a male. She's a women. My colleges know nothing of me other than being mentally stable and offering sound advice
JA: Is the employment "at will," union, full time, or part time?
Customer: Full time salary.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I have a few memos Nothing too detailed. Instances of me seeking help in defencencies and the convo turning into me being insecure, manipulative, and needing mental counsel.
Submitted: 2 months ago.
Category: Employment Law
Customer: replied 2 months ago.
She also advised me to buy two books. One book focused on mental stability. The other being about getting motivated to find another job
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
For starters, you need to understand that ordinary workplace bullying is not legally actionable. The US Supreme Court has stated that the laws regarding workplace harassment/hostile work environment were enacted to protect employees from conduct based ONLY on the age/race/sex/disability/national origin of the employee and they were NOT intended to create a code of civility in the workplace. See: Oncale v. Sundowner Offshore Services, 523 U.S. 75 (1998)
So, in order to have a claim against the employer, you have to show this is not just ordinary bullying and she is treating you this way based on either an actual OR PERCEIVED disability (in this case) as she is accusing you of having mental health issues and she is harassing you based on that perceived disability.
Your recourse is filing a claim with the EEOC, since they must investigate and grant you a right to sue letter to sue the employer in court for harassment based on your perceived disability.
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Customer: replied 2 months ago.
To make a claim, what documents would I need to get in order. How would I document that she is actually making these claims. Multiple people are aware of the situation, and have admitting to knowing the statements that she has made. But this doesn't mean they would testify
Customer: replied 2 months ago.
Also, I feel that a lot of the current action is due to me blowing the whistle in the first place. This was 3 months ago.
Expert:  Law Educator, Esq. replied 2 months ago.

Thank you for your reply.

You would need names of witnesses, if they want to give you a written statement you can submit those. You can use emails or other documents from the supervisor. However, you bear the burden of bringing whatever proof you can to the EEOC to prove your claims.