Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I need a employment lawyer ASA. Both. Not sure but it’s

I need a employment...

I need a employment lawyer ASA

Lawyer's Assistant: Was this discussed with a manager or HR? Or with a lawyer?

Yes both

Lawyer's Assistant: Is the workplace "at will" or union? Is the job hourly or salaried?

Not sure but it’s hourly I believe at will

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

None other than being targeted and constant harassment

Show More
Show Less
Ask Your Own Employment Law Question
Answered in 1 minute by:
3/15/2018
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,570
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).

Are you being targeted based on your race, religion, gender, age, disability or FMLA use?

Ask Your Own Employment Law Question
Customer reply replied 4 months ago
My daughter was employed there for 3 years and was terminated 1/2017 when I started. I have been having issues all year

I'm sorry to hear that you've been going through these issues.

Was the harassment based on your race, religion, gender, age or disability?

Ask Your Own Employment Law Question

If not those, why then do yo think you are being targeted? For what reason or on what basis?

Ask Your Own Employment Law Question
Customer reply replied 4 months ago
Based off whatever reason my daughter was terminated for. I did not think they would use that against me as I was hired and qualified for the job. My first supervisor did not like me and constantly put me down talk negative about me and was very dry with me. I also was written up constantly on a weekly basis. The 2nd supervisor which is the current does not like me and Im receiving the same treatment from him. He told me to get on fmla for my son so attendance wouldn’t be a issue so I did. I left today on fmla and another co worker called me to tell me that my manager and supervisor were on the call center floor discussing my personal business in front of others and also said let’s get a corrective action together. Ive also filed a complaint with the civil rights commission and they discharged the claim without looking into it.

Unfortunately, the civil rights commission discharged the claim because legally you do not have a claim on your facts.

Harassment within the workplace is only illegal when it is based on one of the factors that I asked you about, race, religion, gender, age, or disability. This comes from the Supreme Court of the United States, who stated that our employment laws are not a civility code for the workplace, but are narrowly tailored to deal with the forms of discrimination I mentioned.

So, having a negative preference for you based on your daughter's termination would be legal.

Now, you did mention FMLA leave. If you can try to connect this harassment to your FMLA leave use, that may be something to try. You'd need to contact the Department of Labor (federal) to make that complaint. However, if they were treating you this way before any mention of FMLA was made, that works against your claim.

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 4 months ago
Well it’s kind of hard to determine why or what. It’s like I was prejudged off of whatever my daughter did or said. All I know from day one management was and still is very dry with me. The first supervisor I thought when I got off his team it would stop but then I got a new supervisor and he’s treating me the same way. I told my manager in January about how he was targeting me and all he said was let me talk to him. Nothing has changed.

I agree that it can be difficult to know why they are doing it.

However, if you take the position that this has anything to do with your daughter, you are giving up any chance of a claim here, because that would be entirely legal.

The only way this is illegal, on your facts, is if it is based on your FMLA use. Or rather, the only way you can even frame this as something potentially illegal is if you can allege that you believe it is based on your FMLA use, and nothing else. Any mention of your daughter, and you basically hand them their defense to your claim.

Ask Your Own Employment Law Question
Customer reply replied 4 months ago
I understand. That’s the only thing I could think of as I was a new employee like the others that started with me and no one else is being targeted. Other employees that I started with see it and always ask why do they mess with me or why they don’t like me? So I know I’m not crazy. I was told to get on fmla and now I’m being messed with about that.

If they are messing with you about FMLA, then it is much more reasonable to file a complaint with the Federal Department of Labor for FMLA harassment.

That's really the only option I see on these facts.

Ask Your Own Employment Law Question
Customer reply replied 4 months ago
Thanks so much for the information

No problem. Take care and please rate my service.

Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,570
Experience: Employment/Labor Law Litigation
Verified
Allen M., Esq. and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an employment lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Allen M., Esq. Your Own Question
Allen M., Esq.
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,570
20,570 Satisfied Customers
Experience: Employment/Labor Law Litigation

Allen M., Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

20,570 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,490 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,478 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

4,029 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,893 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Employment Law Questions
My son is working at a small family owned business in
My son is working at a small family owned business in Wyoming. He has been targeted by many of the employees for harassment such as saying "he's stupid, can't do his job" and twice one employee has physically assaulted him. His boss just says your all adults work it out. The boss has discussed the issues with employees, but they still continue to harass him. He is fearful to do anything because of the "right to work state". It's been my experience that documentation has to be in place before someone gets fired, whether or not it's right to work state or not. What actions can he take? … read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
1,188 satisfied customers
My daughter was assaulted by her boss. He came into work
My daughter was assaulted by her boss. He came into work drunk, yesterday, grabbed her, by both arms and shook her, in an aggressive manner, enough to hurt her arms. They were hurting her into last ni… read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
1,188 satisfied customers
Say you were terminated at work for harrasment and creating
Say you were terminated at work for sexual harrasment and creating a hostile work environment. However during the investigation process you were not allowed to confront your accusers and they brought … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
Do you deal with working in a hostile environment or
do you deal with working in a hostile environment or bullying? … read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
Is there a law against harassment of the elderly in the work
is there a law against harassment of the elderly in the work place ...I'm 64 … read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
1,188 satisfied customers
Can an employer ask for a doctor's note for a doctor's visit
Can an employer ask for a doctor's note for a doctor's visit on my day off … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
I am a 59 year old widow with a disability. I have been
I am a 59 year old widow with a disability. I have been employed for the last 6.75 years at a school district, trying to stay working until I can retire. I have been harassed to the point I am on FMLA… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
I have been with my company years. I used to get written
I have been with my company for four years. I used to get written up overtime I missed work and for not meeting performance goals as a jeweler even though I was also performing the jobs of clerical an… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
Florida labor lawyer only please. My husband who has been
Florida labor lawyer only please. My husband who has been salary working 40 - 50 hours per week, has received an offer letter today that states he will be changed from salary to hourly, at a rate lowe… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
A letter was given to me and forced me to sign it. Stating
A letter was given to me and forced me to sign it. Stating if I went to work on Thursday and leave early. I will get a 30 day suspension and may re apply for my job after that. It did not specify at a… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
20,570 satisfied customers
Good morning, I am a supervisor at a television news station.
Good morning, I am a supervisor at a television news station. My direct supervisor regularly does the following towards myself, other supervisors of my same level of management lower level hourly empl… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
I Have been a victom of harrasment from a fellow employe fo
I Have been a victom of harrasment from a fellow employe fo over a year, ie: stealing my gloves, stealing my personal belongings,ect. I have reported to me employer, They set up a hidden camera with n… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
After returning from FMLA, with a medical certification, does
After returning from FMLA, with a medical certification, does having the employee under surveillance, when prior to the leave the employee had sucessesful performance be against any employment laws, e… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
20,570 satisfied customers
I work for a Municipality that is run by the Good Ol Boys.
I work for a Municipality that is run by the Good Ol Boys. I am being targeted and harrassed. They are creating a hostile work environment to try to force me to quit. It is getting unbearable. The Dir… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
Ive recently become a school administrator in a district within
I've recently become a school administrator in a district within which I am a tenured employee. My immediate supervisor wanted someone else for the position. Ever since I took the position, he has con… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
My co-workers are making work unbearable so that I will quit.
My co-workers are making work unbearable so that I will quit. I know they are using Facebook. I work as an account executive for group benefits. I know they are contacting my clients (probably by phon… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
4 girls are being harassed by their employer. He continues
4 girls are being harassed by their employer. He continues to ask the girls out. He is 77 years old and the girls are between 19-30. They continue to spurn his advances. One girl has quit and came bac… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
i am being harassed , humiliated , threaten , threaten with
i am being harassed , humiliated , threaten , threaten with serious repercussions , degraded , belittled… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x