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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116716
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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when your boss lies on you what can you do

Customer Question

when your boss lies on you what can you do
Submitted: 7 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 7 years ago.
If she lied and you can prove she made a false statement, then you can file suit against her for defamation. BUT other than suing her for defamation, I am afraid the EEOC will not help you much.

In order to bring a claim to the EEOC you must prove her behavior was based solely upon your age/race/sex/disability and without being able to prove that they will not get involved. Also, if you were an employee without a written employment contract to the contrary, you would be an at will employee and an at will employee can be fired for any reason at all as long as it is not based upon their age/race/sex/disability.

Her yelling and screaming and her behavior towards you, the US Supreme Court has been clear that the laws on hostile work environment/harassment must be based upon unlawful discrimination (age/race/sex/disability) and they were not intended to create a code of civility in the workplace (See: Oncale v. Sundowner Offshore). Thus, if she was behaving this way for any reason other than your age/race/sex/disability, you have no claim.

Your claim would be in unemployment, where you would appeal and force the employer to produce evidence you hit her which would be misconduct sufficient to deny benefits and you would present witnesses and evidence on your behalf to disprove her claims.

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Law Educator, Esq. and 4 other Legal Specialists are ready to help you
Customer: replied 7 years ago.
I appreciate your answer but it's not fair to temp workers to be treated this way. That's like saying we are nobodies. We can do their work follow all instructions but we're not free from work harrassment because we exercise our rights. We shake our heads when we see the news about crime. Why is the crime rate up? Lack of jobs, hate, racism, and who gives a damn about temp workers. Oh hell, i can lie on this person and cause her to lose her job and everything she owns because i'm a lead person or i'm the boss. That's bullshit! Are we not people too! This could ruin my life! Thanks so much. Your answer was very professional.

Expert:  Law Educator, Esq. replied 7 years ago.
The law itself many times is not fair. Again, age/race/sex/disability are the only things the law protects employees from harassment over. There have been several states that have tried to pass laws protecting employees from workplace bullying, but to date not one state has managed to pass such a law.