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Berating Related Questions

Berating occurs when someone chooses to publicly belittle and embarrass an individual. Berating can lead to an uncomfortable work setting for many people, especially if the person who is berating is an employer. When dealing with a situation such as this, many people want to know what their rights are and need a resolution to their problem. . Employment Experts can also answer any questions that you may have related to berating in the workplace and workplace laws. Below are five of the top berating questions answered by the Experts.

Is it legal for an employer to berate an employee daily?

There are no laws, federal or state that protect an employee from an employer who is constantly berating. However, if the employer uses abusive language with reference to the employee's age, race, gender, religion, or disability, they would be in violation of discrimination laws. You cannot file suit against your employer for rudeness, but you can file an emotional distress claim if the employer's behavior causes you to experience mental or physical stress, such as an anxiety attack. You can sue the person as an individual in a personal injury suit.

Would an employee have cause for a lawsuit if another employee is berating them and the supervisor is encouraging the behavior?

If you have proof that your employer is allowing and encouraging this behavior, you would have a case. You should go to your Human Resource Office and file a complaint and document all of the information that you have. It will help to involve other employees who have witnessed the allegations and have them confirm the information to the Human Resource Office. If the Human Resource Office does nothing with your complaint and the issue cannot be resolved within the company, you can then file a harassment suit against all parties involved. An attorney that specializes in Employment Law can handle any details of the lawsuit to you.

Can an employee sue a company if a supervisor berated them after work hours?

Generally, harassment such as berating from a supervisor is not illegal unless the supervisor bases the berating on your age, race, gender, religion or disability. You need to file a complaint with Human Resource Department and have the issue resolved within the company. Usually this type of issue is dealt with inside the company and can usually be resolved. However, it is their choice to decide if the supervisor's behavior is acceptable or not and deal with the situation accordingly.

Can employees sue their employer for writing them up for not making their quota and berating them, but doesn't write up other employees for the same thing?

In order for you to have a lawsuit, your employer must be in violation of a company policy. For instance, if company policy states that you are required to reach a certain percentage per day or you will be wrote up, and you reach the percentage, yet your supervisor writes you up, then he is in violation of a company policy and you can sue the employer for breach of contract. However, you have to truly be damaged by the breach (fired, laid off, demoted, etc.) As far as who the employer chooses to enforce their policy on, they are within their legal rights as long as unlawful discrimination is not in place.

In Louisiana, can an employer sue their employer for age discrimination and berating?

Louisiana is an At Will State. This means that an employer can choose to do almost anything that they wish, which includes being rude, berating, and unprofessional. As long as your employer doesn't base their actions on your age, gender, race, religion or disability, there is nothing illegal about their actions.

Being berated at work can be a humiliating experience that raises many questions. If you have legal questions about berating and your rights, you can ask an Employment Law Expert. Many Experts handle a wide range of workplace issues such as berating and can offer a solution to your individual problem in a fast and insightful manner.
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