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I went to a my company’s Xmas party and the president of the…

Customer Question
I went to a...

I went to a my company’s Xmas party and the president of the company yelled across a dinner table infront of 4-6 people that she heard I could RIDE good.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

That was due to a video that a coworker had showed her from the night before of a me riding a bull at a bar outside of work hours with a coworker that I thought was friend

Lawyer's Assistant: Has anything been filed or reported?

California

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

I got suspended the Monday following the parties but because the coworker had gone behind my back and disclosed information to president/owner and boss whom is owner sister about me

Submitted: 5 months ago.Category: Legal
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Answered in 4 hours by:
3/9/2018
Lawyer: Marsha411JD, Attorney replied 5 months ago
Marsha411JD
Marsha411JD, Attorney
Category: Legal
Satisfied Customers: 20,987
Experience: Licensed Atty, 29 yrs exp in the practice of law.
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Hello,

Thank you for your post. Can you please tell me what your legal question is? Also, what did the employer tell you the reason was for your suspension and are you in a union?

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Customer reply replied 5 months ago
I felt completely humiliated and felt that the president and owners shouldn’t never be yelling across a room that it looked like I knew how to ride was appropriate and too me was boaderline abuse.
I got suspended do to disclosing some information to my friend whom was my co worker
i don’t work for a union
Lawyer: Marsha411JD, Attorney replied 5 months ago

Alright, thank you, ***** ***** still have not asked a legal question, can you tell me what that is?

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Customer reply replied 5 months ago
Is it considered harassment that my employer yelled that too me infront of other?
Lawyer: Marsha411JD, Attorney replied 5 months ago

Thank you for the question. Something might be harassing in nature or considered harassment and still not be illegal hostile work environment harassment. In other words, not all unprofessional bullying or harassing type behavior is illegal. The only type that is revolves around "severe and pervasive" harassment that is ongoing and carried out only because of the employee's race, national origin, gender, age (over 40), religion, disability or military service.

I can't guess whether or not your employer was targeting you because of one of those reasons. If you believe they were, then you have a right to file a formal complaint with your HR Department. You must allow them to investigate and try to resolve the issue before you could ever file a complaint outside of the company with the EEOC or your State's human rights agency.

Keep in mind though that even if the behavior is inappropriate and motivated by those reasons I mentioned it must be "severe and pervasive" too. What you described alone does not meet the courts' definition of severe and pervasive. But again, that doesn't make it appropriate or professional and should be addressed with your Company HR. But, it wouldn't be legally actionable unless it met the definitions I mentioned above.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to reply to this answer and let me know that I covered your question, then the Site will give me credit for assisting you today. Thank you

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Lawyer: Marsha411JD, Attorney replied 5 months ago

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 9th. For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me, even if the news is not good. If you are having technical difficulties with reading, replying or rating,please let me know so that I can inform the Site administrator.Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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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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