What are my rights if I experience intimidation from a supervisor on a continual basis?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are my rights if I experience intimidation from a supervisor on a continual basis?
She recently called me an offensive name and got very irate with me. She is very overbearing; the only way to describe it is a “jib-jab” constant “one upsmanship” conduct. All the time, everyday. I didn’t agree with her on something and was called an offensive name. She’s forged my initials on things, blamed me for things I never did, and is constantly verbally beating me up for things done wrong, small things. Since she is my supervisor, do I have a case?
Asked on December 2, 2015 under Employment Labor Law, Texas
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
There is legal recousre for an employee whp is subjected to a hostile work environment. This is a workplace environment that prevents them from carrying out their job duties in a reasonable manner. Basically, a superior or co-worker, either by behavior or actions, creates an environment that is counterproductive to their performing their work duties. That having been said, these behaviors typically must be legally discriminatory and not just the result of rude or unprofessional behavior.
Note: Legal discrimination in the workplace is action taken against an employee because they are a member of a "protected class"; in other words due to their race, religion, age, disability, sexual orientation, gender, national origin, etc.
d on the limited facts that you have presented, you may have a valid claim here. At this point, you can consult with an employment law attorney or contact your state's department of labor.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
You would only have a case if the offensive behavior is because of your race, sex, religion, age over 40, or disability. Otherwise, a supervisor is *allowed* to be abusive to her staff--the law does not require supervisors to be fair, professional, etc.
If the offensive behavior was aimed at you due to one of the characteristics described above, then you may have an employment discrimination case, and may wish to speak with the federal EEOC or the state equal/civil rights agency about filing a complaint.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.