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My boss is extremely demeaning and I have a history or him…

Customer Question
My boss is extremely...

My boss is extremely demeaning and I have a long history or him setting me up for failure. I was counseled by an executive in another dept that I should report this activity to HR, but am not sure what the ramifications will be or how to handle

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

Yes. I have been employed since Dec 4th and still have not received training for my job despite MULTIPLE times that I have reached out and asked. He did not hire me. In our first conversation he told me that I was not qualified for the job despite the fact that I have 12 years of experience and he just hired someone who has very little He has called me dead weight

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

At will

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

I have documentation for months of asking for help and not receiving... I have gone to my other supervisor and he admitted he has done a very poor job I guess not This is a hard conversation to have via IM

Submitted: 4 months ago.Category: Employment Law
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Answered in 1 minute by:
3/16/2018
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 4 months ago
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,570
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).

Can you tell me, do you believe this treatment is based on your race, religion, gender, age, disability or medical leave use?

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Customer reply replied 4 months ago
I do not know why...
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 4 months ago

I can certainly understand that, but here is the legal problem.

In employment law, it is not illegal to be demeaning or to set your employees up for failure. That seems counter to what we want to believe, but our protections in employment are really very narrow. The Supreme Court of the United States indicated that our employment laws are not a civility code, but only address harassment based on race, religion, gender, age, disability or FMLA use. This made that statement when defining the term "hostile work environment" which people understandably and mistakenly believe applies to generalized harassment in the workplace.

What that means for this situation, unfortunately, is that it is only illegal if you can point to one of those factors as the underlying motivation for his treatment of you. If you cannot, with at least a suspicion, point to one of those factors, the employer's behavior is not illegal in employment law.

Now, you can certainly report these things to HR. The company may have their own policies of support which are more protective than general employment law, but that support will have to come from them based on their own application of their policies.

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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