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I left my workplace on 09-19 because my Supervisor is

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I left my workplace...

I left my workplace on 09-19 because my Supervisor is verbally abusive. This has happened on several occasions. The last occasion occurred in private with my manager present. I left the conference room left work and contacted HR. HR did not reply back to me until the following day stating it is considered job abandonment. The manager is covering for the supervisor for business needs. She knows she has a behaviorial problem and I'm quite sure there is a record of it in HR. What do I Do?

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

Michigan

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 offered to come back as long as I was not working for her and they told me there were no other openings at this time which is false.

Submitted: 11 months ago.Category: Employment Law
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Answered in 4 minutes by:
9/21/2017
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 11 months ago
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,632
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.

Unfortunately, in employment law, there is nothing that makes general verbal abusiveness illegal. The Supreme Court addressed this issue when they defined "hostile work environment." Many thought that that term would apply to general hostility, but the Court stated that our employment laws are not meant to be a civility code. Instead, they are only intended to deal with specific forms of discrimination, so unless the hostility is directed at race, religion, gender, age, disability or FMLA use, it is not illegal.

Some states have considered workplace dignity laws that would make generalized hostility illegal, but none have passed at this time.

What that means for this situation is that, unless you can argue that the employer's motivation for the treatment is discrimination based on one of the factors I mentioned, there is nothing legally that you can do here other than apply for unemployment. The employer doesn't have to move you to a different section.

If you can make the allegation that discrimination is the motivation here, then you need to make that argument clearly to HR so that they have a chance to respond. If they don't respond appropriately, then you can file an EEOC complaint.

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.

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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.

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).

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