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I am constantly being mistreated at work. It seemed that…

Customer Question
Hello, I am constantly being...

Hello,
I am constantly being mistreated at work. It seemed that some employee is habitually speaking to me in a way that embarrassed and humiliated me in front of others. I have not complained about as the complainers are usually the ones to get terminated and I have bills to pay, however, I a getting increasing frustrated with the behaviors towards me a work. Do you have any advised how to handle this in a ways that will not result in me getting terminated?

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

MA

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

Consultant agreement

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

I am an independent consultant so the employer is my client.

Submitted: 4 months ago.Category: Employment Law
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Answered in 6 minutes by:
3/11/2018
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 4 months ago
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,567
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).

There is very little you can do as a contractor. As an employee, you could file a complaint with the EEOC if you had some evidence that the basis for the harassment was race, religion, gender, age, disability or FMLA use.

Not so as a contractor. If you could allege discrimination based on race or gender, you could attempt a certain type of lawsuit (Section 1981 claim), but those are rare and more rarely successful. You could certainly sue them for a breach of contract, based on being unable to work the contract without them essentially constructively discharging you through their behavior. That is difficult to do also.

Basically, IC's have few protections and require you to break the relationship through a lawsuit in order to try and resolve anything to your favor.

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. Please DON’T rate my service until after you have asked any follow up questions that you have, so that I have the best opportunity to earn all 5 stars. Also, feel free to request me in the future, if you have questions concerning a different matter.

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Employment Lawyer: Allen M., Esq., Employment Lawyer replied 4 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, have a great day and please don’t forget to rate my service.

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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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