right to have a safe work enviroment

[choopes]

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

 

[cbg]

There are laws regarding physical safety that are overseen by OSHA.

There are no laws guaranteeing you an emotionally safe work environment per se, but if you can give us some idea what is happening we can tell you if there are any laws addressing your specific situation that do not fall under safety.

 

[swalsh411]

Some occupations are more dangerous than others. There is no way to make every job 100% safe with no possibility of injury or death. Are you just now realizing this?

 

[eerelations]

Again, this is a bit too vague. Can you be more specific about what's happening to you and the specific problems you're experiencing as a result of what's happening to you?

Thanks.

 

[cbg]

As you have asked the question, no. There are NO safety laws addressing emotional abuse, period.

However, there are other laws besides safety laws. The NATURE of the "emotional abuse" matters to these other laws. If you want to be specific about what is happening, we can tell you if there are other, non-safety laws, that address the issue. As long as you continue to be vague about what you are terming "emotional abuse" there's nothing more we can tell you.

 

[TheGeekess]

I have only recently realized that a guarantee of a safe work environment is at odds with many hazardous jobs, if indeed there is a guarantee.
What I am referring to is emotional abuse in the workplace. If an employee can show physical detrimental effects from work, say cardiovascular, gastrointestinal, insomnia, etc., and can show these to be work induced, is there any protection or recourse for the employee? If so, how would this work?

Employee is always free to quit the job.

 

[eerelations]

Unfortunately, your supervisor's behaviour is not illegal, ergo, you have no legal recourse other than finding a new job with a more professional supervisor.

 

[tranquility]

I am not being vague. I am seeking legal advice, and was trying to refrain from asking medical questions or telling you the story of my life. That being said…..
My work is in the public sector. I feel I am being set up to fail, by my supervisor. Typically, work orders are given verbally, very fast, and always ambiguous. When I ask for clarification, or try to repeat back the instructions as I understand them. (“So you want x, y, and z done, right?”) I am always rebuffed, and insulted. So the task is done wrong. Wrong every time, according to my supervisor. He has forbidden me to contact anyone “up the chain of command”. And is clearly building a case for insubordination. I am being forced out. I have an adversarial relationship with my immediate supervisor. I experience repeated belittling by my boss, to the point of self doubt. The use of fear and intimidation to control and manipulate is the hallmark. Most recently, others have joined in on the intimidation. I have had 2 different doctors tell me I should look for another job. Sadly, this is late in my career. It would be tough, if not impossible in today’s economy. I’ve had a list of health issues that seem to come with this job. Open heart surgery, gastrological problems, and extreme stress and how the body reacts to that stress.
This post is a fact finding mission, not dear Abby. I’m not sure I can get my family Doctor to write a letter stating I have health issues due to working for a biased, unfair tyrant, but if I could, would it do any good? I know most of what I have told you is probably not illegal. But it is an injustice. Can anything be done? To make matters worse, I am not of a protected class, with regards to discrimination. Maybe my age, but that would be very hard to prove. Any suggestions?

Have you ever been diagnosed or identified as having a learning disability?

 

[cbg]

It was discrimination laws that I had in mind when I asked you to be specific. However, without some EVIDENCE that your boss is treating you this way BECAUSE you are over 40 (or because of your race, religion, national origin or other characteristic protected by law), there is little to nothing that can be done. The law does not promise you that your boss will always be kind, or even just.

 

[Silverplum]

Only the disableing effect of posting on a message board for help, just to be insulted. btw-Whats your excuse?

He's not being mean. He's trying to help you with your employment problem.

I can see exactly where he's going with this. If your boss gives you instructions and then you "get it wrong" (according to your boss), then perhaps if you had a diagnosed learning disability, that would be a legal avenue for you to pursue.

But if you want to be huffy with the nice volunteers, feel free to hire an attorney.

 

[eerelations]

tranquility was not asking this to be insulting. She was asking this because, based on your post, it appears your supervisor thinks you have a learning disability. If you do have a learning disability, you may have some protection under the ADA. I would explain that to you but I am too annoyed at your argumentative and snotty response - i.e., "what's your excuse" - to tranquility's perfectly reasonable and potentially helpful question to bother. Take your 'tude to a lawyer.

 

[tranquility]

Thank you, Silverplum, exactly right. If a person is considered disabled, including learning disabilities, the employer must make a reasonable accommodation upon being aware of the disability. (Actually, more of become involved with an interactive process to find a reasonable accommodation.) Failure to attempt the interactive process can be a violation of the ADA (ADAAA). If made aware of a learning disability, some of the behaviors of the OP's supervisor might also be considered the creation of a hostile work environment based on discrimination regarding the employee's disability.

Even with that paragraph, there is a lot not quite right and things get a lot harder real fast. Which is I asked a preliminary question rather than taking the time to type out incorrect approximations of the possibilities.

Reading edit:
Thank you as well eerelations.

 

[Silverplum]

Thank you, Silverplum, exactly right. If a person is considered disabled, including learning disabilities, the employer must make a reasonable accommodation upon being aware of the disability. (Actually, more of become involved with an interactive process to find a reasonable accommodation.) Failure to attempt the interactive process can be a violation of the ADA (ADAAA). If made aware of a learning disability, some of the behaviors of the OP's supervisor might also be considered the creation of a hostile work environment based on discrimination regarding the employee's disability.

Even with that paragraph, there is a lot not quite right and things get a lot harder real fast. Which is I asked a preliminary question rather than taking the time to type out incorrect approximations of the possibilities.

Most gracious of you.

 

[Silverplum]

No. I don't have a learning disability. I have worked successfully at my craft for over 40 years. I am respected and successful. The general consensus here seems to be that I don't have a snowball chance of justice, so what good would a lawyer do? If I am in the wrong classification to be on the receiving end of discrimination, so be it. All I've asked for was to be treated with a little dignity and justice, but I'm in the wrong classification to get either. Too many rules, and "one size fits all" answers, combined with zero common sense.

I, for one, am going to wave goodbye to you.

 

[tranquility]

No. I don't have a learning disability. I have worked successfully at my craft for over 40 years. I am respected and successful. The general consensus here seems to be that I don't have a snowball chance of justice, so what good would a lawyer do? If I am in the wrong classification to be on the receiving end of discrimination, so be it. All I've asked for was to be treated with a little dignity and justice, but I'm in the wrong classification to get either. Too many rules, and "one size fits all" answers, combined with zero common sense.

That's too bad. You don't get to tell your boss how he should manage you. I am uncertain why a person who is as successful as you claim would need a boss try to get rid of you, but, no matter. Start doing the CYA thing. You know, write letters confirming understanding and the like. Other than that, google jerk bosses and find about 20 million ideas. This is not a legal problem, but a people one. I learned a long time ago, the only person I can change is myself. My hope is that with my changes, those around me will change more towards my liking.