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What if I reported an issue to one of my bosses And at the…

What if I reported...

What if I reported an issue to one of my bosses And at the time a meeting was held telling me that if the 2 people involved couldnt get along than the one would be let go. Does this fall within the guide lines of workplace harassment or hostile workplace

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

Nebraska

Lawyer's Assistant: Has anything been filed or reported?

No because of other issues

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Customer reply replied 5 months ago
In the meeting talked about it was one boss and me. Meeting didn't include the other employee.
Answered in 32 minutes by:
3/3/2018
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,630
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. (The system will automatically generate a phone call request to you. Unless I specifically state, during our discussion, that a phone call is possible, I intend to just use this chat format as I am not in a position to accept a phone call).

That really depends on what you told the employer about. If you complained to the employer about discrimination against you based on your race, religion, gender, age, disability or recent FMLA (medical leave) use, then the employer's behavior could be considered illegal retaliation and you should file a complaint with the EEOC.

However, if you complained about simply not getting along with someone in the workplace, your employer isn't obligated to resolve it and can terminate you both if they wish. This is called office politics and the courts do not get involved.

The Supreme Court specifically stated that our employment laws are not a civility code for the workplace, and "hostile work environment" only refers to harassment based on race, religion, gender, age, disability or FMLA use.

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 5 months ago
I'm wondering what does your response have to do with a hostile work environment?

I specifically mentioned hostile work environment in my first response. I'll go into more depth here.

The term "hostile work environment" does not mean what people think it means, because it does not mean what it sounds like. The Supreme Court of the United States came up with that term and they stated that simple harassment, like you are mentioning here, is not "hostile work environment." Instead, you must show that you are being specifically harassed based on your race, religion, gender, age, disability or FMLA use. That is the only way you can show hostile work environment, according to the highest court in the country.

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Customer reply replied 5 months ago
I would say that it is an age and experience discrimination

Experience discrimination is not a factor, so that is not helpful.

If you believe that you were being harassed based on being older (over 40) and your employer was supporting that harassment based on your age, then you should file a complaint with the EEOC.

Being harassed based on being younger is not illegal, because the Supreme Court has held that there is no "reverse discrimination" concept in association with age discrimination.

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Customer reply replied 5 months ago
Well that's great so because I ask for a promotion and was passed over because of what my age was and my experience in the field and that they weren't willing to train me even 2 months after i ask for the position that they hired somebody older than me isn't age discrimination

Not by law, no.

An employer is specifically allowed to discrimination in favor of an old employee. I don't think that it is great at all. I'm just reporting to you the law here. I'm respecting you enough to be honest with you.

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Customer reply replied 5 months ago
then I was perfectly fine beinging threaten that if i reported or said anything about the other employee that was hired after me who was above me that I would be let go/fired isnt on any type of hostile or a threatening work environment

No, I will not say that it is perfectly fine. That is a value judgment and I think your employer is wrong to treat you that way.

However, it is completely legal and does not constitute a hostile work environment or any form of illegal workplace situation.

I sue employers for a living and have done so for over a decade. I gain nothing by telling you that you don't have a case. In fact, it is clear that you are not happy about that news and that is understandable. And while it would totally be in my best interest to tell you what you want to hear, so that you'll rate my service well, that would not be right to you and I won't do it.

I wish I could tell you differently, but on the facts you have outlined here, you would have no claim against the employer.

Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,630
Experience: Employment/Labor Law Litigation
Verified
Allen M., Esq. and 87 other Employment Law Specialists are ready to help you
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Customer reply replied 5 months ago
if I have the other person who was my boss backing what I was saying on the issues. what would that do?

It wouldn't do anything. I never said that your issue was a lack of witnesses.

Your employer could show up to court and completely back what you say and you'd still have no claim.

The issue is that it is not illegal to threaten someone's job unless in retaliation for them having made a complaint about discrimination due to their race, religion, gender, age (over 40) or FMLA use.

It is not illegal to threaten your job for this issue.

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Customer reply replied 5 months ago
then what is a hostile work environment? I'm not asking about 1st amendment rights.
Customer reply replied 5 months ago
im figuring without the quick response Is that you have no answer for someone making it a hostile work environment Which by definition doesn't fall on one or any of the 1st amendment rights of age race political background religion and so forth

I have defined hostile work environment twice now. I'm not sure how else to do so.

I'm going to cut and paste the last definition I gave, because there is not other way for me to explain it.

"The term "hostile work environment" does not mean what people think it means, because it does not mean what it sounds like. The Supreme Court of the United States came up with that term and they stated that simple harassment, like you are mentioning here, is not "hostile work environment." Instead, you must show that you are being specifically harassed based on your race, religion, gender, age, disability or FMLA use. That is the only way you can show hostile work environment, according to the highest court in the country."

I did not make a quick response, because I left to take a shower. I'm at home right now, answering questions after hours, so sorry for the delay.

The First Amendment has no application here at all, so I'm not sure why you are raising it. I did not. Hostile work environment gets its meaning from a court case before the Supreme Court and deals with Title VII discrimination laws, the ADA, the ADEA and the FMLA.

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I also see now that you rated my service at "ok." I'm afraid I don't understand that rating. I have answered numerous questions for you. That rating reflects directly on me and I feel that you are punishing me simply because I chose to be honest with you about the law.

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You cannot show hostile work environment because you didn't mention any of the other factors and you can't use "age" in the way the law intended, as defined by the ADEA (the statute against age discrimination for those over 40).

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Customer reply replied 5 months ago
The reason why you got an OK rating is because you're not understanding that I was not able to talk about any type issue with the other employee because of the fact of warring about being fired and/or terminated because of the meeting that I had that I was the only one involved in. Watch would make my place of employment a hostile work environment because I couldn't express myself at all and constantly worried about my own well being including my family's well being of providing for them

That is an incorrect assumption on your part. I completely understand your complaint but the point I have tried to make is that your point, though valid personally, is not valid legally.

There is no right for you to talk about your workplace concerns with others, unless it is a concern that specifically addresses on something illegal, which it is not.

You have no legal right to express yourself. The First Amendment has absolutely no application to a private employer.

So no, I am sorry but absolutely nothing you have described is, in any way, a hostile work environment by law. I understand that you truly believe in your heart it is and you are more than welcome to try a sue. However, I am telling that based on nearly two decades of experience in this field, you have no claim here.

I have nothing personal here against you. I have been honest with you from the beginning about the law. That is all I can do.

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Customer reply replied 5 months ago
Well that's great considering 5 major law firms in Omaha are trying to convince me to hire them for my case. Because the fact of an employee discriminating me in front of a customer not once but twice. But Hey you have your online legal advice

I am not sure why you are being so hostile with me. I am trying to help you.

5 attorneys are trying to get you to give them money, which you wouldn't be able to get back from them, even when they can't win a case for you because you have no claim.

I know, I practiced in Omaha for years and know the sort.

Good luck with your claim. Take care.

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Furthermore, you have no one time mentioned any facts related to an employee discriminating against you in front of a customer.

How am I to consider facts that you don't tell me about?

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If you have a claim already, then go and sue. It still does not change my response to the facts that you have outlined to me and told me about here.

Take care.

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