Home     Law Advice     Insurance Advice     Community    
Job Discrimination and Harassment : Includes discrimination in employment on the basis of race, color, creed, national origin, gender, disability, etc.
Go Back   FreeAdvice Legal Forum > EMPLOYMENT AND LABOR LAW > Job Discrimination and Harassment

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 09-24-2009, 11:00 PM
Junior Member
 
Join Date: Sep 2009
Posts: 1

Can I sue for harassment?


What is the name of your state (only U.S. law)? Pennsylvania

Good evening everyone. Let me start by saying, I know that PA is an "At will" state.
However, I am in sales. I am a male.
My boss is a female.
I have a co worker who is a female, AND, is good friends with the boss outside of work. There is no question that I am treated very differently by my boss than other coworkers (some are male, some are female). Yes, she absolutely dislikes me for some reason. Before you read below, let me say that all the claims I make are documented.
One quarter, I didn't make my sales quota. I was written up.
The same quarter, my female co worker didn't hit her sales quota either. She was NOT written up. There are other documented instances where I was reprimanded for things that my female coworker was NOT reprimanded for.
I also have documented proof that my boss has set me up to fail by lying to me, therefore hindering my ability to hit my sales goals. Keeping in mind, I was written up for not hitting my sales goals!
My coworkers joke that when I walk into the same room, her mood totally changes.
So I decided to ask her for a sit down so we can air out whatever her problems are. She declined.
I know I'm on borrowed time with my company. I have 3 young children, and I am the main source of income. I have lost sleep over this. This is absolutely affecting my home life. I come home and treat my family poorly because of my stress. I've been to my doctor to get Ambien to help me sleep. This is killing me.
If I quit due to unbearable work conditions, can I still make a claim for unemployment? I currently make way more than what unemployment pays. So the cut in pay will definitely affect things at home. Also, if I quit, can I sue for harassment? Or should I stick around and wait until I'm fired? Thank you in advance for your answers.
  #2  
Old 09-24-2009, 11:24 PM
Senior Member
 
Join Date: Feb 2006
Location: Philadelphia, PA
Posts: 17,789
It is not illegal for you to be treated differently simply because the boss doesn't like you. If she likes every other person, regardless of gender, then there is no evidence that there is any ILLEGAL harassment going on.
__________________
Lawsuits are not about justice. They are about MONEY. If you don't want money, then you shouldn't be thinking about suing. And people post here because they are thinking about suing. Because they want money, no matter how much they don't want to admit that to themselves.

-Auto insurance adjuster for 2 years - as of 6/15/09, I am FREE!
  #3  
Old 09-24-2009, 11:26 PM
Member
 
Join Date: May 2009
Posts: 645
Do not quit. She is not doing anything to you for which I can see that you might have a case of any kind. She is just not being nice to you. She has declined your offer to sit down and have a talk about improving your relationship. Continue to ask her at regular intervals for this sort of meeting. Be careful to document that you have asked her and the date you did this.

Nobody can sue anybody for writing them up. If you quit because you are not being treated fairly, you are probably out of luck, as unemployment will say that you voluntarily quit by your choice. The things you describe are a long long way from a really unbearable work situation. However, if she fires you , she would have to prove that she had a good job related reason to terminate you, or you could get your unemployment benefits. Performance issues are not easy to prove as misconduct. You'd have a pretty good chance of being approved, if she does not have a good misconduct reason to terminate you. Do your job to the best of your ability. That's all you can do. As you've noted, unemployment is a lot less money than you can make working. Ride the pony as far as it will take you.

So try to hang in there, until you find another job. Be looking. As you suspect, it may not be too long before she actually does fire you, and yes, it is stressful to work in a situation like this. Since she can't really do anything to you except stress you out, refuse to give her this power. Chose NOT to come home and take this out on your family. You are the one who has this choice. No employer is FORCED to treat you well or like you or be fair with you. Smile, laugh, try to enjoy your work, and when she is unhappy, or lies to you or yells at you or writes you up, let her know you are doing the very best job you can, and that you don't know what else you can do to make her happy. But don't make her happy by quitting!

Last edited by commentator; 09-24-2009 at 11:30 PM.
  #4  
Old 09-24-2009, 11:33 PM
Senior Member
 
Join Date: Feb 2006
Location: Philadelphia, PA
Posts: 17,789
Do get some therapy to help you stop taking your bad work situation out on your family. That's not going to help ANYONE. And start looking for a new job.
__________________
Lawsuits are not about justice. They are about MONEY. If you don't want money, then you shouldn't be thinking about suing. And people post here because they are thinking about suing. Because they want money, no matter how much they don't want to admit that to themselves.

-Auto insurance adjuster for 2 years - as of 6/15/09, I am FREE!
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 06:35 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.