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I am being harassed at work by my employer/owner. With hr…

Customer Question
I am being harassed...

I am being harassed at work by my employer/owner

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

Yes with hr and they had no answer

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

At will sales manager directly employed salaried no commission

Submitted: 4 months ago.Category: Employment Law
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Answered in 16 minutes by:
3/23/2018
Employment Lawyer: RobertJDFL, Lawyer replied 4 months ago
RobertJDFL
RobertJDFL, Lawyer
Category: Employment Law
Satisfied Customers: 15,221
Experience: Experienced in multiple areas of the law.
Verified

Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. When you say harassed, can you give me an idea of what is going on (as not everything falls under a legal definition of harassment)? Are we talking about an employer who is rude, unprofessional, belittles you, swears, that sort of thing? Or are you talking about being targeted because of race, religion, age, sex, disability or national origin?

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Customer reply replied 4 months ago
employer who is rude belittles false accusations and untruths damaging my professional reputation. Venomous emails
Employment Lawyer: RobertJDFL, Lawyer replied 4 months ago

Thank you for you reply.

While that is definitely unprofessional, and what some would consider hostile, unfortunately it is not unlawful for an employer to necessarily do what you are describing under the law. The law affords legal protection against discrimination or disparate treatment due to race, religion, age, sex, disability or national origin. There are also other areas of law where an employer cannot harass or discriminate, such as if an employee files a worker's compensation claim or a complaint with OSHA (an employer cannot retaliate by reducing hours, demoting or firing an employee, that sort of thing). However, as courts have noted, "the law is not a civility code." They cannot force an employer to act in a professional manner or to treat employees nicely.

Now, if they are making false statements about you to others and it is actually causing you harm that you can prove, you may be able to sue the employer for defamation of character if you can demonstrate actual damages. For example, if the employer is falsely accusing you of criminal acts, that can be grounds for defamation of character. Defamation simply means false statements, either in writing or spoken, made to a third party, that causes you damages.

Please let me know if I may clarify anything or provide you with additional information.

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Customer reply replied 4 months ago
she has in emails and text and Now threatens to drop my salary and go on 100% commission only
Employment Lawyer: RobertJDFL, Lawyer replied 4 months ago

Absent a contract/employment agreement guaranteeing you a specific salary, an employer can change the terms of your wages, but if they intend to make you commission only, your wages have to be at least minimum wage (even if you don't sell anything). I can understand how that would be upsetting and certainly not the way you treat a good employee!

As far as the emails, yes, if they are disparaging you to others and it has caused you harm to your reputation and you can prove you suffered damages as a result (e.g., you lost sales or a job offer, etc) that could be the basis for a defamation suit.

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Employment Lawyer: RobertJDFL, Lawyer replied 3 months ago

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