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Lady Themis
Lady Themis, Internet Researcher
Category: General
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Experience:  Knowledgeable in a broad range of topics
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The management team in my particular area engages in tactics

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The management team in my particular area engages in tactics that I believe have crossed some legal boundaries both with myself and other people. They bully individuals outwardly and engage sending veiled but threateing emails [eg if you don't do this, just remember how bad things are out in the employment market are right now type emails] In a recent meeting we were collectively told that "the 40 hour work week is basically over and that we need to work overtime and if you don't work it, maybe its time to find a new job because you will no longer be a fit around here" is this type of behaviour legally acceptable? they assign individuals to tasks designed to set them up for failure and when informed by employee of inability to reach goal because of lack of training, are still forced to do job then receive negative feedback on employment review which could lead ultimately to termination...    Is psychological abuse actionable? And if so, what types of proof are required?
Submitted: 8 years ago.
Category: General
Expert:  Lady Themis replied 8 years ago.

Thank you for your question.


Unfortunately, unless this behavior is motivated by discriminatory purposes (i.e. based on race, religion, age, sex, etc.), it is illegal. While employees can be required to work overtime, they are entitled to overtime paypursuant to federal and/or state laws as long as they are not exempt employees, which doesn't always necessarily mean that they are salaried.


Emotional distress claims are actionable, but to be successful, the employee must generally show that the employer's actions are so extreme and outrageous as to go beyond all bounds of decency. This is a harder standard to prove than it sounds. At first blush, the statements your employer has made do not seem to live up to this standard. The abuse would have to be extreme and outrageous, almost unbelievable.



Customer: replied 8 years ago.
So what you are saying is that so long as they are paying overtime persuant to law, they can make statements of that sort? I guess what I am trying to say is, so long as they are not singling i.e. based on race, religion, age, sex, etc.)...they can operate by that type of intimidation?
Expert:  Lady Themis replied 8 years ago.

Yes, unfortunately, that is what I am saying.



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