Employment Law

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I am looking for information about unfair treatment in the…

Customer Question
I am looking for...

I am looking for information about unfair treatment in the work place. We are a NPO and I have heard the President wants to let me go over volunteers who have treated me poorly and do not do their job while I do.

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

New York, Ronald McDonald House Chartities.

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

At will full time.

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

I have been there just shy of a year and the issue is ongoing since early May.

Submitted: 9 months ago.Category: Employment Law
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Answered in 5 minutes by:
9/22/2017
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 9 months ago
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,475
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, unfair treatment alone is not illegal in employment law. Nothing in law requires employers to be reasonable or fair in their decisions.

It would only be illegal, and you'd only have the basis for a complaint, if you can state that you were being let go based on your race, religion, gender, age, disability or recent FMLA use. Then you could claim an illegal form of discrimination.

Otherwise, there is not claim to make simply based on it being unfair to keep them over you.

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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Customer reply replied 9 months ago
If it's been hostile where they say volunteers can talk to me how they want etc but I must "kill them with kindest" since I am staff that's also justifiable, correct?
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 9 months ago

That isn't illegal.

Many mistakenly believe that the term "hostile work environment" refers to any sort of hostility at all. It is understandable, but also inaccurate. The Supreme Court, when creating that term, stated that our employment laws are not meant to be a civility code. Instead, the term only refers to hostility based on one of the factors that I mentioned.

So unfortunately no, that does not change my previous response.

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Employment Lawyer: Allen M., Esq., Employment Lawyer replied 9 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

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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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