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My son is working at a small family owned business in

My son is working...

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?

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

The business owner on several occasions. There isn't an HR or lawyer as the business is a family owned business

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

At will and the job is hourly

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

Just what actions can he take to protect himself and not lose his job. And is there a fee

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Answered in 8 minutes by:
6/1/2018
Attorney Wendy
Category: Employment Law
Satisfied Customers: 1,405
Experience: Member at Keefer & Keefer LLC
Verified

Hello. My name is ***** ***** I am an attorney. I am so sorry your son is dealing with this situation. As a small, family-owned business, many anti-discrimination and anti-harassment laws may not even apply. For most of them, the employer must have at least 15 employees. As a right to work/at will job, unfortunately, there is not documentation necessary to terminate the relationship. At will employment means that either the employee or the employer can end the employment relationship at any time, with or without notice and for any reason or no reason as long as the reason is not unlawful (e.g., discrimination). If the boss has spoken to employees without result, that is at least a sign the boss is willing to consider your son's concerns. It may be worth your son's going back to the boss to let him know the conduct is continuing and though he hates to complain, he wants to do the best job possible and believes the treatment he is receiving is making that difficult. I realize he has tried this more than once, but it may be his only real recourse in connection with the name calling and harassment. The physical assault is another issue and your son may want to be very frank with the employer that if the situation isn't handled he may be forced to go to law enforcement; or he may want to go to law enforcement anyway. There is no way to guarantee his job security with at will employment, but he also does not want to continue to work in an environment that appears as hostile as this one. On the other hand, it is not a good business practice for employers to lose good employees due to bad management or bad employees who are kept employed.

I wish I had a better solution for you but I hope this information at least helps. If you need additional assistance, feel free to reply to this email. If I answered your question and provided excellent service, I would greatly appreciate your 5 star rating at this time.

Please note: This information is for educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

Attorney Wendy
Category: Employment Law
Satisfied Customers: 1,405
Experience: Member at Keefer & Keefer LLC
Verified
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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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