Can I sue the company for a hostile workplace after threats from my boss?
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Can I sue the company for a hostile workplace after threats from my boss?
My boss constantly overworks me and several other employees when others are not expected to do anything. Our HR codes also say that we cannot be worked less that 7 hours apart from each shift and we cannot work for more than 5 days in a row. She schedules us to do more than this constantly. I have been scheduled to work 5 hours apart from my closing shift, and I am currently scheduled to work 8 days in a row. She attempted to get me and another employee to stay overnight to carry out duties that aren’t typically ours that would have caused our shifts to run from 3 pm-6 am when the scheduled time was 3 pm-12 am, a normal shift. When I got this news that we had to do this i obviously wasnt thrilled. That’s when she started raising her voice at the front of the store saying you had better smile. I put on a smile then she looked at me disgusted and said I want to throat punch you right now. Even if she was joking she likely was I took this as extreme disrespect and a tangible threat. Can I sue for all of this together? This threat was done in front of customers and
another employee, and two other employees are also subject to all of this I previously stated.
Asked on June 20, 2019 under Employment Labor Law, South Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
No, you can't sue the employer for the manager's threat of violence. An employer is not liable for a manager's criminal actions which are outside the scope of employment. The manager is not hired to and is not supposed to threaten employees; this was not part of her job or employment, and the employe is not responsible or liable for it.
In theory you could sue her personally, but don't bother: in a lawsuit, you can only receive compensation for the injuries, losses or costs you actually incurred due to the wrongful behavior. You suffered no injuries and incurred no losses or costs--therefore, you are not entitled to any compensation.
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