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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102145
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I "voluntarily" left my job after almost 8 years of

Customer Question

I "voluntarily" left my job after almost 8 years of employment. I was a server at a Chinese retaurant that is owned and operated by a Chinese family. The parents, who are now in their 70s still cooked in the restaurant, which is now primarily being run by their two adult children. The mother has despised me for years and showed it every time I worked. She has played childish games, better suited for a playground, telling other servers (new hires )that I am no good, etc. At one point she physically attacked me, breaking the skin on my left arm. I do have pictures and a witness (a new hire). She began looking through my lunch bag and my purse, convinced that I was stealing. All of this was beginning to affect my health; elevated blood pressure!, insomnia, etc. To my two bosses, her son and daughter, I had tried time initiate a truce, only to be told not to waste my time and that it wouldn't work. I heard from other previous servers that she behaved in a similar manner with them, even "stabbed one`s hand" with a fork, pulled another`s hair. On the night that I had finally reached my breaking point, she again went through my bag, threw my purse, breaking an item inside my purse. I loved my job. And I was GOOD at my job. My customers loved me, I made some very good friends there. Now I am unemployed, broke and depressed, while she will continue this childish behavior with someone else and it will undoubtedly escalate. She had been getting more and more out of control, and eventually will really hurt somebody. I will note also, that I had previously contacted the labor board and the C.L.U. (on the advice of the labor board) and was told that being a workplace bully is not against the law. Thoughts?
Submitted: 11 months ago.
Category: Legal
Expert:  Ely replied 11 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Unfortunately, the board is correct - being mean is not something you can sue the employer for. The best that someone in your situation can likely do is to claim that there was harassment in the workplace which left you no choice BUT to quit. This is important, because if you file for unemployment, the state will see that you quit, and you would be disqualified from unemployment unless you can show that you had no choice but to quit due to harassment.

Now her attacking you was of course not proper. And you could have filed a criminal complaint at the time. However since this happened earlier and you had since quit, filing a complaint now may not lead to anything as the police may simply see this as retaliatory and not true.

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Expert:  Ely replied 11 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!