My boss is disrespectful and abusive

[scuba_chick]

I live in Colorado and my boss is very abusive to all his employees. He is constantly telling us that we need to work 12 hour days and come in on weekends cause we are salary. I have also had personal cases where he has called me fat, lazy, and since I am openly bisexual, has told me I was too Butch to ask for help when I need it. And he has been carrying on an affair with a co-worker and keeps giving her big raises and bonuses while telling the rest of us we should be more like her.

He has a history of abusing others to the point that a co-worker almost lost her baby cause she went into labor early and was afraid to tell him and leave work.

Do I have any kind of legal grounds to sue him?

 

[Eekamouse]

Nope, it's not against the law to be a jerk or to favor one employee over another. Look for another job if you are unhappy where you're at.

 

[Pinkie39]

I live in Colorado and my boss is very abusive to all his employees. He is constantly telling us that we need to work 12 hour days and come in on weekends cause we are salary. I have also had personal cases where he has called me fat, lazy, and since I am openly bisexual, has told me I was too Butch to ask for help when I need it. And he has been carrying on an affair with a co-worker and keeps giving her big raises and bonuses while telling the rest of us we should be more like her.

He has a history of abusing others to the point that a co-worker almost lost her baby cause she went into labor early and was afraid to tell him and leave work.

Do I have any kind of legal grounds to sue him?

If you are salaried, you can be required to work 100 hours a week, if your boss feels like it. If you were an hourly employee, you could still be required to work mandatory overtime as well. The only difference would be that your employer would have to pay you time and a half for overtime.

 

[eerelations]

If you are salaried, you can be required to work 100 hours a week, if your boss feels like it. If you were an hourly employee, you could still be required to work mandatory overtime as well. The only difference would be that your employer would have to pay you time and a half for overtime.

Incorrect. Salaried is simply a pay method and has nothing to do with an employee being entitled to OT pay. We have no idea whether or not the OP is entitled to OT pay because we don't know if the OP's job is exempt or not exempt from OT pay regulations. The only way we can know that is by knowing what the OP actually does at work. If the OP tells us that we can make a determination as to whether or not she's entitled to OT pay.

Regarding the yelling and abuse, this is not illegal. However the OP may have a case for some kind of discrimination based on her coworker getting better treatment because she's providing sexual favours to the boss. I recommend the OP wait for someone more well-versed in this aspect of the law to weigh in on this.

 

[cbg]

While there is some case law suggesting that when employee A is receiving, or is perceived as receiving, favored treatment due to a relationship with the boss, then employee B may have a case for discrimination, if I am not mistaken (and I may be; feel free to correct me if I am) that case law is valid only in the 9th Circuit. Colorado is not in the 9th Circuit.

 

[kness124]

I understand your frustration. I don't think suing him would benefit you much, what would you get out of it? File a complaint with your HR department.

If the harassment continues file another complaint.. and so on.. and so on.. eventually he will be fired (unless he is the owner?). If you could get some evidence on him banging one of the co-workers it would build your case even more - banging employees is not very helpful to the work environment.

Now when you say "abusive" do you mean verbally abusive or physically? If physical abuse is taking place call the police immediately.

Here is the best suggestion I have for you. Look for another job if you are not happy.

 

[cbg]

The reason suing him wouldn't do much is that you can't sue someone for calling you fat, or lazy, or accusing you of not asking for help when needed. Nor can she sue because of the alleged affair with the co-worker.

You work for the OP's employer, do you? You can guarantee that he will be the one fired if she complains often enough?

 

[commentator]

From the sound of this, my bet would be that this is a very small, privately owned business and the employer is also the disrespectful boss. therefore complaining to HR won't help, because there may not be an HR. (Or "HR" may be the chick who's sleeping with the boss.) And of course, no one is going to fire the boss if he owns the company.

I would advise this OP to be more proactive about the situation, in that she begin at once to seek other employment while she is still working there. The boss can be as verbally abusive as he wants to, he sounds like an ugly bully. My sympathies, but come on! He didn't cause this woman to have difficulties and almost lose her baby! She chose to put her perceived fear of what this jerk might say ahead of her and her child's health and well being!

You are putting your heads down and being "good little employees" meekly taking the intimidation he gives out and working harder, struggling to please him so he won't holler at you. But really it's all bluff. If he hits you, call the authorities and immediately press assault charges against him. If he orders you to leave, leave at once and file for unemployment benefits while looking for that new job.

Otherwise, at work, you be polite, professional, and keep your cool, even while he is screaming and threatening. Try laughing at his silly sexist insults and his Donald Duck tantrums. If he fires you, so be it. If you don't get scared and intimidated, he's lost his power.

Keep careful records of what he says, and how he behaves, the dates, times and things he said. This is not so much a record for lawsuit purposes, a lawsuit will very likely not be possible, there's very little chance you can demonstrate this employer has done anything illegal. But then again, it's not a bad idea to keep records of what happens.

Keep in mind, he has no more power over you than you give him. If he asks you (or orders you) to do something unreasonable or impossible, just do the best you can, and don't agonize. An employer can ask you to anything, but if it's not a reasonable request, you can't do any more than your best, can you? If he calls you names, insults you, and you let it get to you, he's been successful. His management technique has worked. He's getting more work out of you with his bullying and insults and threats.

There are no labor laws that require an employer to be polite or fair or to talk nicely to his employees. He has the right to fire you at will for almost any reason. You have the right to quit, any time. Be thinking hard of moving on, because people like this are bad for your inner health and peace. It's not worth it to spend your time worrying with them and associating with them. Be polite, professional, and MOVE ON as soon as you can and leave this bully in the dust.

 

[TigerD]

A couple of points that appear to have been overlooked:

1. Discourtesy does not equal disrespect.
2. No one is entitled to respect -- everyone is entitled to courtesy.
3. The manager telling the OP that she is "too butch" to ask for help may be a violation of Title VII. Sexual stereotyping has long been held to be a violation "because ... of sex." The OP should make time to speak to an attorney with experience in this area.

DC

 

[cbg]

1.) Okay
2.) However, there is no law that can be invoked to demand courtesy or legal grounds to sue for the lack of it.
3.) Perhaps - but this boss appears to be an "equal opportunity" jerk which makes it very hard for a claim on any particular characteristic to stand up

 

[commentator]

First thing in the post is "my boss is very disrespectful to ALL his employees." He's an equal opportunity jerk, as said. And the possibility of suing someone for an EEOC violation in a situation like this is very, very unlikely and the violation would be hard to show and isolate. Hard to prove a pattern of discriminatory treatment based on race, sex, religious affiliation, etc. when he treats everyone terrible.

Most people say, "He can't say that!" or "He can't treat me that way, can he?" Yes, he can, actually. Whether his conduct is legal or not, he certainly can do it. He IS doing it. Most people, though, really think there are a lot more prohibitions and rules and labor laws and protections for the workers in a workplace than there really are. Someone said we here on this site were "anti lawsuit" which may be true because most of the time, there's no basis for a suit, and even if there's a slight questionable possibility of a suit ( in which case we'll be glad to suggest it, and advise you to see if a reputable attorney will be interested in your case) it's not worth it.

 

[TigerD]

First thing in the post is "my boss is very disrespectful to ALL his employees." He's an equal opportunity jerk, as said. And the possibility of suing someone for an EEOC violation in a situation like this is very, very unlikely and the violation would be hard to show and isolate. Hard to prove a pattern of discriminatory treatment based on race, sex, religious affiliation, etc. when he treats everyone terrible.

Most people say, "He can't say that!" or "He can't treat me that way, can he?" Yes, he can, actually. Whether his conduct is legal or not, he certainly can do it. He IS doing it. Most people, though, really think there are a lot more prohibitions and rules and labor laws and protections for the workers in a workplace than there really are. Someone said we here on this site were "anti lawsuit" which may be true because most of the time, there's no basis for a suit, and even if there's a slight questionable possibility of a suit ( in which case we'll be glad to suggest it, and advise you to see if a reputable attorney will be interested in your case) it's not worth it.

I'll just remind you that every allegation of abuse the OP made was directed toward women. Second, the "I'm a jerk to everybody" defense doesn't excuse a valid Title VII claim. If you have a cite to prove that as a valid defense, I will eagerly read it.

DC

 

[cbg]

I live in Colorado and my boss is very abusive to all his employees.

Please show me where the poster says that all his employees are women.

 

[TigerD]

I live in Colorado and my boss is very abusive to all his employees.

Please show me where the poster says that all his employees are women.

Show me where it says they aren't

I live in Colorado and my boss is very abusive to all his employees. He is constantly telling us that we need to work 12 hour days and come in on weekends cause we are salary. I have also had personal cases where he has called me fat, lazy, and since I am openly bisexual, has told me I was too Butch to ask for help when I need it. And he has been carrying on an affair with a co-worker and keeps giving her big raises and bonuses while telling the rest of us we should be more like her.

He has a history of abusing others to the point that a co-worker almost lost her baby cause she went into labor early and was afraid to tell him and leave work.

Do I have any kind of legal grounds to sue him?

Every single incident of abuse is cited to a female victim. There is not enough information here to tell this OP not to talk to an attorney. There is enough to advise her to speak to one to determine if the law has been broken and what, if any, her rights are.

DC

 

[cbg]

Just to clarify, you are correct that an "equal opportunity jerk" is not exempt from a valid EEOC claim, but it can make it much more difficult to prove a valid EEOC claim when that is the case.

Certainly she can address the situation with an attorney. However, unless she can show that ONLY women are affected in the workplace and those are not simply the examples she opted for, I would not expect this to go further.

And if you review my posting history, you'll see that I am often the only one telling a poster that they have the potential for a valid claim. If I saw one, you can bet I'd be pointing it out.