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I am trying to find where to file with the state about

Customer Question
I am trying to...

I am trying to find where to file with the state about bullying, retaliation etc..

Lawyer's Assistant: Have you documented this or discussed it with HR?

Yes, it seems as hr has leaked the info and now I am being retaliated against. When I reached out to hr about it again a sent an email and did not hear back. I sent another one a couple of days later because they were making me sign a PIP and wanted to know my rights. She applied back an apologized for the delay an told me although she is familiar with my past situation she would have to pass me off to someone else and I have not heard back in over a week.

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

It is full time commision only but we are required to be there attend meeting etc with no pay.

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

Lots but I cannot afford a lawyer

Submitted: 4 months ago.Category: Employment Law
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Answered in 4 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: 20,569
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).

If you can allege that the basis for your treatment is your race, religion, gender, age or disability, you can file a free complaint of discrimination/retaliation with the EEOC in your state. If the basis for your treatment is medical leave use, you file with the Department of Labor.

However, if the basis for your complaint is generalized bullying, that is not actually illegal in the U.S. The Supreme Court noted, when defining the concept of "hostile work environment" that it did not apply to generalized bullying. The high court stated that our employment laws are not a civility code for the workplace, but rather, only deal with the very narrow set of circumstances I mentioned above....harassment combined with the ingredient of targeting one of those factors.

Without being able to allege one of those factors, there is no where to report generalized bullying or retaliation, because it is not actually illegal.

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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Customer reply replied 4 months ago
Bullying and retaliation is legal?
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 4 months ago

In Employment Law, there is no specific law against generalized bullying.

Retaliation only has meaning in employment law when you can show that you made a protected complaint to the employer, complaining of discrimination due to race, religion, gender, age, disability or FMLA use (sometimes wage and hour and worker's compensation issues can fit here also).

Otherwise, the courts would consider it office politics and not get involved. As an attorney that sues employers for a living, I'd like it much more if generalized bullying were illegal in the workplace, but it is not.

Unless you are speaking about physical abuse, at which point it is still not an employment law matter. It is a criminal law 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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