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I feel that I am being treated unfairly. I have been ask,

I feel that I...

I feel that I am being treated unfairly. I have been ask, although it has been decided, that I be removed from helping with plowing snow due to having a bad attitude amongst a few fellow employees that I plow snow with in my work place. I am told that I cannot be told who is making this/these allegations. I find this unfair. It has come to my resigning from employment at this work place as I cannot continue with this harassment.

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

Vermont

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

At will I guess and full time.

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

I guess there cold be other items to be discussed but mainly would like to know my rights. This is taking a bad effect on me physically and mentally.

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Answered in 5 minutes by:
1/17/2018
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 124,446
Experience: 20+ Years of Employment Law Experience
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. Please feel free to ignore any phone service request, the expert does not send those unless asked by customer and they are sent by the site automatically.

Are they doing this to you based ONLY on your age/race/sex/disability/national origin?

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Customer reply replied 4 months ago
I do not believe so.

Thank you for your reply.

I am afraid that under the law, according to the US Supreme Court, unless the alleged workplace harassment is based only on your age/race/sex/disability/national origin, the laws were not intended to merely create a code of civility in the workplace. See: Oncale v. Sundowner Offshore Services, 523 U.S. 75 (1998).

What that means is that if this employee is complaining about your bad attitude making it up ONLY because of your age/race/sex/disability/national origin, you really have no rights other than to dispute the claims with your employer. You have no other legal actions you could take.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 4 months ago
Okay I guess. This does not make sense. Harassment is harassment. It is costing me money and physical/mental strains. Thanks

Thank you for your reply.

While it usually does not make sense to the average employee, the US Supreme Court is pretty clear about harassment in the workplace and not one state has passed any laws for ordinary workplace bullying. So, unfortunately, until the law changes, your only recourse is refuting the claims against you to your employer.

Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 124,446
Experience: 20+ Years of Employment Law Experience
Verified
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Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 124,446
124,446 Satisfied Customers
Experience: 20+ Years of Employment Law Experience

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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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