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At my employer we have an intimidation policy. I have been a…

At my employer we...

At my employer we have an intimidation policy. I have been a victim of intimidation and harassment.

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

Mississippi

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

I'm a full time contracted employee

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

What else does the lawyer need to know?

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Answered in 1 minute by:
3/13/2018
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,633
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).

Has this intimidation been based on discrimination due to your race, religion, gender, age, disability or FMLA use?

Have you approached the employer about enforcement of their policy?

What is your question?

Ask Your Own Employment Law Question
Customer reply replied 5 months ago
It has not been due to race, religion, gender, age, disability, or FMLA use.
Yes I've spoken to the employer about the policy.
I wanted to know if I had a case?

General employment law doesn't make it illegal to be intimidating in the workplace, unless based on one of those factors I asked about. The Supreme Court stated that our employment laws are not a civility code, so under general employment law, you'd not have a case. Regrettably, that means you'd not be able to use the Department of Labor or EEOC for a free and secure means of addressing this issue.

Instead, you have only the company policy to address this issue. The employer's policy can be seen as an implied contract. You can push the employer to try and respond and if they do not, you'd be forced to hire your own local attorney to sue based on the implied contract of the policy.

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.

Ask Your Own Employment Law Question
Customer reply replied 5 months ago
Thanks

Take care.

Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,633
Experience: Employment/Labor Law Litigation
Verified
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Satisfied Customers: 20,633
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Experience: Employment/Labor Law Litigation

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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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