Insubordination - take 2

[frani810]

What is the name of your state? PA - Hello, I work in Trenton, NJ. I am being disciiplined for insubordination for not following orders and for asking questions of my boss' decision relevant to my manipulation. I feel I am being harrassed. The orders that he is giving me are so ridiculuous and have no impact on any workflow; he wants to be personally accommodated. He is being abusive with his power. The fact that I am no longer allowed to question him on his maneuvers relevant to jerking me around is very dangerous. If I submit to that I'm really screwed. He is abusive with his power. I told him I cannot submit to not asking questions of unfair practice toward me as that is my personal concern. He is being as vicious as he can be. I've been threatened by him as he has told me that he can do anything he wants to me as long as no civil laws are violated. HELP! Do I have anything to protect myself with? I have been in this position for 15 years; I have met all of his demands throughout the years despite the hositility between us. Now, there is no working relationship existing at all. Any advice that you can give me to benefit my representation will be appreciated. Is his conduct with me appropriate? Would this be an issue toward my benefit? HELP!

PS: How do I get my feedback? Please reply! I can use some advice.


__________________
Fran

 

[Beth3]

Unless your boss is treating you this way BECAUSE of your membership in a protected class (i.e. due to your age - if over 40 - your race, gender, national origin, religion, and so forth, or in retalliation for exercising your protected rights such as filing a worker's comp claim, taking FMLA leave, etc., his behavior does not constitute prohibited harassment.

Your options are to appeal to someone in more senior management or find another job.

You *might* have a cause of action for intentional infliction of emotional distress IF your State recongizes such actions and his behavior is sufficiently outrageous. You'll need to discuss that with an attorney.

 

[frani810]

hi beth,

I'm not sure I understand everything. This is what my boss knows of me . . . I am over 40, I am a single, white, female, and I live with my father. I am on a chronic illness intermittent leave under the FMLOA Act. Is there anything I can do with this info?

I live in PA, work in NJ, and according to the search on the internet, there are no employment attorneys in the area.

what laws would i fall under? Is there any hope for my protection?

 

[Beth3]

Well, that's potentially quite pertinent information. If he is treating you more harshly than other employes BECAUSE of your age, or your gender, or your FMLA status, then that would be prohibited by a variety of federal and state laws. (At the federal level, that would be Title VII and the Family and Medical Leave Act.)

If he treats everybody badly, then he's what we call an "equal opportunity jerk" and his behavior is not actionable. The key issue here is whether he's singling you out for poor treatment BECAUSE of your age/gender/FMLA status/etc. It is not against the law to treat everyone badly or treat certain individuals badly simply because he doesn't like them (for reasons other than their race, age, gender, etc. ) He can treat you and others badly because he thinks it's fun to watch your reaction, because he's having a bad day, because you're a Jets fan and he hates the Jets, or whatever. Being a nasty human being is not against the law. Violating discrimination laws is.

Call your local Bar Association and ask for referrals to employment law attornies in your area.

 

[Beth3]

P.S. I have no doubt there are TONS of employment law attornies in Pennsylvania and New Jersey. Check the yellow pages and/or call the Bar Association.

 

[frani810]

Thanks Beth,

you've reassured me. I've never been written up in my whole working career, and I've been working since I was 16 years old. . . would love to get more detailed with you to hear your advice

 

[frani810]

by the way, i'm just curious, are you and other members attorneys or of some paralegal background, forgive me, but I've never had to seek such help before

 

[Beth3]

The responders here are all volunteers, so you are wise wonder who you are taking advice from. Some are well-intentioned individuals with no particular expertise in employment law, a few are attornies, a few are "crazies" who unfortunately pop in now and then, and I and one or two other regular posters are senior Human Resources specialists whose positions require them to have externsive knowledge of employment laws.

We're not "members" per se and the web site takes no responsibility for the credentials, or lack thereof, of the responders.

 

[frani810]

Cool! I'm glad you're the one who responded to me.

 

[aahlee]

So i'll be one of the crazies.

If a person suddenly changes behavior why is it so hard to think your boss might be drinking or taking drugs that affect him this way?

Or has a gambling problem or his wife found out about his girlfriend?

 

[hmmbrdzz]

Here's some crazy advice (another site that might help you). You would be wise to be careful about taking advice from someone on this board who makes an evaluation of your case based on what you're able to explain here. From what you're able to explain here (a very condensed version of an employment issue), you should not listen to anyone who tells you that you do not have a case unless it's an attorney. There is all KINDS of useful information for you on the internet related to employment matters. Read. Read. Read. Knowledge is power.


://www.legalconsumerguide.com/legal_information/general_law/civil_rights_faqs/employment_discrimination.html


hmmbrdzz