Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I was sent home from work today (pending investigation) due…

Customer Question
Hi there. I was...

Hi there. I was sent home from work today (pending investigation) due to someone stating I create a hostile work environment (fearing job). I've never threatened anyone. I am direct and honest and a strong manager. My team numbers speak for themselves. No specifics were given today. I was asked to meet with HR and our corporate attorney in the morning after investigations this afternoon. I just want to ensure I'm being treated fairly and it's not "hear say" or someone being "sensitive". Should I obtain an attorney? Also, this has come up before and I feel like the company has not supported me due to the fact that it was individuals being sensitive.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Iowa

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

At will

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I'm in a protective class. Over 50, gay, veteran and African American. Not that it matters, but I want to ensure I have my facts straight.

Submitted: 8 months ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 6 minutes by:
9/14/2017
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 8 months ago
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,374
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.

I just want to clear up a few things about the legal terms you are using here.

Hearsay has no legal meaning here. An employer can consider hearsay all they like.

Referring to someone as sensitive is not advisable, as it demeans them. I totally understand your point, but the employer doesn't have to disregard the way a person feels simply because they are being sensitive.

Hostile work environment has two different meanings. It has the legal meaning, which is a situation where a person harasses based on race, religion, gender, age, disability or FMLA use. Then it has the meaning that employers and employees use, which is any situation where someone feels uncomfortable. Unfortunately, in an employment law situation, the employer can consider something "hostile" even when a court would not.

If your employment is "at will" the employer can legally terminate your employment without cause. if they decide on a cause, that cause doesn't have to be valid. That makes it very difficult for an attorney to be of any value at this point. The employer is going to do what they are going to do, and an attorney can't really influence them. In fact, in most situations, the employer will simply refuse to speak to your attorney at all.

The best option here is to wait and see what happens. Try to use the employer's system to figure out what was alleged. If it can be determined who made the allegations, that can greatly assist you in knowing how best to defend with your employer.

If you are terminated and you feel that there is an underlying motivation here of discrimination THEN would be the time to reach out to an attorney.

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
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 8 months ago

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

Ask Your Own Employment Law Question
Was this answer helpful?
Ask Allen M., Esq. Your Own Question
Allen M., Esq.
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,374
20,374 Satisfied Customers
Experience: Employment/Labor Law Litigation

Allen M., Esq. 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

20,374 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,406 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,335 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

3,991 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
I am on FMLA and have decided to retire when my FMLA is
I am on FMLA and have decided to retire when my FMLA is done. Can my employer terminate me before my FMLA is done? … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
20,374 satisfied customers
What is considered a hostile workplace? What actions should
What is considered a hostile workplace? What actions should management be taking with an aggressive/ volatile employee? … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I have a question regarding employment law. I have not
I was on an FMLA leave during that time an investigation into me took place and upon my return from leave I was terminated… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
20,374 satisfied customers
I am seeking consultation for hostile work environment
I am seeking consultation for hostile work environment resulting in termination by a manager who orchestrated inconsistencies and untruths in the workplace. I am seeking assistance for violations of l… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,587 satisfied customers
I just quit my job due to hostile working environment. being
i just quit my job due to hostile working environment. being the only one in the whole restaraunt who cleans twice a week.(thers a cleaning "shift" yet for the last 6 weeks im the only one on it) gett… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I applied for FMLA for my son who was diagnosed with
Hello, I applied for FMLA for my son who was diagnosed with Kawasaki Disease and was hospitalized for a week last December, my FMLA was approved, I then found out that my Manager had forwarded my FMLA… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I wanted to consult with an employment law lawyer to ask
Hi I wanted to consult with an employment law lawyer to ask questions regarding a severance pay package I received yesterday upon termination … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
20,374 satisfied customers
Is it considered discrimination if my employer disciple me
is it considered discrimination if my employer disciple me on numerous occasion for not following policy and procedure but let two other individuals of a different race not follow the same policy and … read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
732 satisfied customers
Are you familiar with NY 2018 FMLA as it pertains to a child
Are you familiar with NY 2018 FMLA as it pertains to a child with pysco-social issues that include risk of physical self-injury & suicide? My child is 16 (recently), has IEP that has 1 psycho-social-e… read more
Pheobe Clark
Pheobe Clark
Attorney
JD
130 satisfied customers
Do you deal with working in a hostile environment or
do you deal with working in a hostile environment or bullying? … read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
My immediate supervisor has been hostile and unprofessional
My immediate supervisor has been hostile and unprofessional with me for many months. I recently had to go to the hospital, and he refused to let me move the deadline for a project. I contacted HR, and… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
20,374 satisfied customers
Just wondering about employment law. Both. At will hourly.
it's about annual review being negative and me not getting a raise as a result, and not being able to transfer from a hostile environement… read more
Ray
Ray
Lawyer
Doctoral Degree
32,619 satisfied customers
I am currently in the process of a discrimination and
Hello - I am currently in the process of a discrimination and retaliation complaint against my employer. At this stage, the complaint is being handled through the Michigan Department of Civil Rights. … read more
Pheobe Clark
Pheobe Clark
Attorney
JD
130 satisfied customers
I currently have intermittent fmla. I was denied my fmla to
I currently have intermittent fmla. I was denied my fmla to be consecutive said i didn't give them the paperwork they needed however I was never contacted about anything concerning my request. Can the… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,406 satisfied customers
I FILED AN INTERNAL COMPLAINT REGARDING HOSTILE WORK
I FILED AN INTERNAL COMPLAINT REGARDING HOSTILE WORK ENVIRONMENT ALONG WITH DISABILITY DISCRIMINATION IN AUG. IT INVOLVED AN ASSOCIATE MAKING FUN OF MY ESSENTIAL TREMOR ALONG WITH ATTEMPTING TO SABATO… read more
Ray
Ray
Lawyer
Doctoral Degree
32,619 satisfied customers
Employment law Constructive dismissal as retaliation for
Employment law Constructive dismissal as retaliation for sexual harassment and FMLA limitations… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
3,257 satisfied customers
I work in a verbally hostile environment that has started to
Hello, I work in a verbally hostile environment that has started to give me sever anxiety. I have not seen a Dr for it yet, but I am considering it. … read more
Bill Attorney
Bill Attorney
law
2,262 satisfied customers
I had an incident at work that created a hostile work
I had an incident at work that created a hostile work environment for me and I want to know if there are basis for a law suit … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
20,374 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