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Legal Eagle
Legal Eagle, Lawyer
Category: Legal
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Experience:  Licensed to practice before state and federal court
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Had an employee cuss me out nothing was done per human

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Had an employee cuss me out nothing was done per human resource. But put him in a management position in another location what are my option.
JA: Was this discussed with a manager or HR? Or with a lawyer?
Customer: You mean the incident that happen
JA: Is the workplace "at will" or union? Is the job hourly or salaried?
Customer: In georgia
Customer: replied 6 months ago.
I repored to my supervisor she failed to contact HR took upon herself to put in transfer for him told me not to send paperwork in on him

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today.

Are you aware of whether there are any policies for something like this with your employer? What was the basis of them cussing you out?

Customer: replied 6 months ago.
The employee was parttime which wasn't producing I was told by my immediate supervisor to take him off schedule so when I asked to explain she said to acknowledgement on him and if continue but I had chose to cut back hours he's was 28 hrs I was putting him on 25 hrs. I've had issue with him since he was hired.which my supervisor was aware

I'm sorry to hear about that. You may not have a cause of action against the company because the cause of action you have would probably be strictly against that specific employee.

This appears to me as if you may have a case for Intentional Infliction of Emotional Distress (IIED). IIED means that if someone is intentionally causing severe emotional distress in another, then you may be able to recover for any physical damage that occurred because of the distress or simply for the distress alone. A way to measure it is to look at things like therapist bills, lost wages, medications, and just the general pain and suffering from the IIED.. A prima facie case requires: (1) outrageous conduct by the defendant, (2) intention to cause or reckless disregard of the probability of causing emotional distress, (3) severe emotional suffering and (4) actual and proximate causation of the emotional distress. You may want to consider just writing a formal demand letter advising that you may have a case as a result of their actions. There’s a site that I’ve used in the past where you can find a good template for a demand letter (click here). It only costs $10 and it is way cheaper than litigation.

Because I value your input, I would like to know whether you have any other questions for me today that I could help you with?

Customer: replied 6 months ago.
But the incident was never report to human resource

Even if that is the case, if you were a witness to your own harm, you could sue the employee in small claims court. The company doesn't even have to be involved. You could collect damages from that employee, the employee may have to hire a lawyer, and it is probable that in exchange for having to go through a lawsuit, the employee is likely to apologize for their behavior. In this case, the company doesn't have an obligation to rectify this situation unless they specifically say so in the company policies. If they say that they will and haven't, then you would have a cause of action for breach of contract against the company, but if this isn't laid out in the handbook, then your best bet is against the employee. Does that make sense?

Customer: replied 6 months ago.
No well yes I would think the compaNY or my immediate supervisor should hold some responsbility for not handle as should be and my supervisor telling me not to send in anything on this incident

I understand what you mean. You could have a negligence claim if you suffered some sort of harm, but if you didn't suffer any physical harm as a result, then a court wouldn't hold the employer liable unfortunately. Professionally, I believe there is no reason that they shouldn't do something and I would strongly consider working somewhere else if this is how they treat employees, but legally, your best bet is against this employee.

Did you have any other questions for me today? If not, were you satisfied with my service today:-)?

Customer: replied 6 months ago.
Ok thank you were a great help I don't see where I'm suppose to rate you but you answer all my questions thank you

The pleasure is all mine! Unless you have additional questions, there’s just a few other things I’d like you to know before we wrap up this conversation:

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