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Allen M., Esq.
Allen M., Esq., Attorney
Category: Legal
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Experience:  Lawyer and legal specialist.
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I'm knew to the company I am a store director of acme super

Customer Question

Customer: I'm knew to the company I am a store director of acme super markets I feel as though my knew bosses are creating a uncomfortable envirorment always threatening to fire me just last week paramedics called for me I think stress relatied having attacks where I get disoriented etcs constantly happening it seems comes in waves I'm sure their is a agenda hostile work enviorment ? Cant work like this anymore
JA: Thanks. Can you give me any more details about your issue?
Customer: Again I'm knew to company my past company went belly up A&P corporation so acme bought us out.Anyway They call and tell me a ex acme employee just called them about cigarete butts on sidewalk etc to stir things up.They are consistently telling me they are going to fire m if conditons happen and just today a few corporatepeople came in and found a couple issues say that I could get fired because a produce dept wasn't right but again its all the time saing going to fire of threaten to over things
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Customer: yes this has caused me to have health issues and cant keep hoing to work to go through this Ive been doing my job many years the thing is one of their buddys wants my store because he lives close now he has to travel
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Submitted: 1 year ago.
Category: Legal
Expert:  Allen M., Esq. replied 1 year ago.

Thank you for trusting your question to JA today. I’m happy to be of assistance.

Hostile work environment is actually a very specific claim. It is more than just being threatened with termination or facing any other number of harassment. The Supreme Court also states that the harassment must be based on race, religion, gender, age, disability or FMLA use. You have mentioned harassment, but you have not suggested any illegal motivation for that harassment. Again, it has to be based on one of those things in order to be illegal. Otherwise, it is generalized harassment which is not illegal in this country.

If based on one of those things, you can file a complaint with the EEOC in your state to have the matter investigated and resolved. Such complaints are legally protected activities, meaning you can't be retaliated against for making the complaint.

The only other way it could be a violation is if you have a contract of employment that expressly states you can only be terminated for cause. Then you could claim that this is a violation of your contract and sue in state court for that.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter

Expert:  Allen M., Esq. replied 1 year ago.

I'm not sure if you opened another question here because I see in your history.

If a work environment is stressful, that can certainly form the basis for a worker's compensation claim for any stress related time off that has to be taken

However, suing them on the facts you outlined is not an option, because you've described no illegal behavior. I understand that you don't think it is right, but that doesn't create a case. Laws create the ability to sue and while the employer is not breaking the law, you can't sue them for this.

Generalized harassment is not illegal in this court. Unless you can allege that you are being targeted based on race, religion, gender, age, disability or recent medical leave use, you cannot sue them.

If I could tell you differently here I would. I make part of my living suing employers, and if this was the basis for a lawsuit there would be a lot more suits in this country.

Try to stay in this question rather than opening an entirely new one each time you have a follow up. I'll try to close the other one as a duplicate so that we don't get confused here.

Expert:  Allen M., Esq. replied 1 year ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required.

If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.