• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Do I have a case?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

mjalley

Junior Member
What is the name of your state (only U.S. law)? MO

I work(ed) for a very large company for 8 1/2 years. I have no record of being in trouble, having an attendance problem or anything. I have a really good working repor with my co-workers, upper management, and even HR in our state. My problem is our center manager. He has been at the company for 28 years and can retire in 2 years. He always yells, belittles, and throws fits to all the employees. He has always been bad and it has gotten worse in the past 3 years when he was promoted to center manager. He is constantly in a state of hysteria. I have complained numerous times to his manager, other managers, and even HR about his behavior- the last time being three weeks ago. Last Friday I came to work and was only there 5 minutes before he started screaming "to" me. I say "to" me because he was just yelling to yell and I was in the room. I got up and walked out. HR called me and I told them I refused to work with him anymore because I can not longer work in the hostile work enviorment that he creates. They demoted him to full time supervisor (which is not going to help matters, but make them worse).

Do I have a case on this? I know I can have a least 30 other employees say the same thing about him. He is a bully and an intimadator and we don't want to take it anymore.

What do you think?
Thanks for your help!
 


cbg

I'm a Northern Girl
No, you do not have a "case".

First, the term "hostile work environment" has a very specific meaning in employment law and what you have described does not meet the definition - not even close.

Second, walking out on a supervisor is insubordination no matter how you slice it, as is refusing to work with a co-worker in whatever position.

Sounds like HR has their work cut out for them but nothing has transpired for which you have legal recourse.
 

mjalley

Junior Member
First let me say I am not one to sue.. I have never sued anyone in my life. The reason I ask this is because I have had numerous people tell me that I should. I just don't know. This company is a fortune 500 company that prides themselves on their great employees and it's amazing what we (my work group) has had to put up with... and now with me taking a stand I have really gotten HR's attention. I maybe should have mentioned he already has one lawsuit against him right now and some people think that is one reason why the company just won't let him go right now.. because if they do they admit wrong doing.
Can you tell me more about hostile work enviroment? What do you call what I was explaining about my workplace? I mean you really can't say that I should just put up with that, right?
Thanks again for your help, I am all ears on more info.
 

anteater

Senior Member
Can you tell me more about hostile work enviroment?
From Wikipedia:
A hostile work environment exists when an employee experiences workplace harassment and fears going to work because of the offensive, intimidating, or oppressive atmosphere generated by the harasser based on race, religion, sex, national origin, age, disability, veteran status, or, in some jurisdictions, sexual orientation, political affiliation, citizenship status, marital status, or personal appearance.
What do you call what I was explaining about my workplace?
Many possible things:

Mangement by intimidation
Bad manners
Unresolved psychological issues, etc.
 

cbg

I'm a Northern Girl
Can you tell me more about hostile work enviroment?

I've already given you the legal definition. I don't know what more you want. I"m sure it's a very nasty place to work but it is not, by law, a hostile work environment and nothing you or I can say is going to make it one.

What do you call what I was explaining about my workplace?
Badly managed.

I mean you really can't say that I should just put up with that, right?


That's entirely for you to say. I don't think anyone should have to put up with that. But my opinion is not going to make it illegal. It isn't.
 

gzc721

Junior Member
bad management

I really feel for you. I too work in a place where I am being singled out by my supervisor. By the way, Wikipedia is not a reliable source as anyone is allowed to post and change and say whatever they would like.
That is the true definition but I would look into the labor laws in Missouri to make sure that what is posted there isn't fraudulent.
As for the other person, keep your fingers crossed that Missouri will get the law passed on workplace bullying. You might not have a discrimination case but you could certainly have a civil one. I would contact an attorney like I did and give them the low down on what is going on.
Do lie or leave anything out because that will ruin your credibility.
 

cbg

I'm a Northern Girl
At the present time, there is no law in any state that addresses the kind of behavior described. If it were illegal to be a jerk, the courts would be a lot more crowded than they are.
 

mjalley

Junior Member
I really feel for you. I too work in a place where I am being singled out by my supervisor. By the way, Wikipedia is not a reliable source as anyone is allowed to post and change and say whatever they would like.
That is the true definition but I would look into the labor laws in Missouri to make sure that what is posted there isn't fraudulent.
As for the other person, keep your fingers crossed that Missouri will get the law passed on workplace bullying. You might not have a discrimination case but you could certainly have a civil one. I would contact an attorney like I did and give them the low down on what is going on.
Do lie or leave anything out because that will ruin your credibility.
The thing is he bullies EVERYONE! Not just me. My co-workers (management and union alike) are very proud of me for finally taking a stand. I am management by the way. My phone has been ringing off the hook. Yesterday someone called and said that HR wants to fire him but are afriad of a lawsuit against him because of his age, so close to retirement, and his health.. should I mention that he is almost 400lbs so a walking heart attack really. HR has not let me go yet.. in fact I am still getting paid and on their insurance. One employee told me that they think that they are going to get rid of him after the first of the year and ask me back after he is gone. This is what makes me think I have a case.. why are they taking this good of care of me? They know he is a known problem in our center and have not done anything about it for years, now they are in hot water over it.

Thanks for your reply and for understanding!
 

eerelations

Senior Member
None of what you've just said matters legally. His behaviour is not illegal, nor is HR's behaviour. You do not have a case. Period.
 

mjalley

Junior Member
None of what you've just said matters legally. His behaviour is not illegal, nor is HR's behaviour. You do not have a case. Period.

Thanks for your advice. However, I went ahead and called a lawyer today and guess what? They are going to take my "case". I gave them more details than on here of course but they never said that I didn't have one and they have had to deal with my old company before... anyways.. just FYI for lurkers that are going to take advice from here.. it could be wrong.
 

cbg

I'm a Northern Girl
The fact that he bullies everyone weakens, not strengthens, any "case" you may have. It means that what you have is an "equal opportunity jerk" and not someone who is illegally harassing on the basis of a protected characteristic.

However, if you give different facts to different groups you're going to get different answers. Based on what you have stated here there is no legal recourse to take. If a lawyer is giving you a different answer it means one of two things; 1.) You left the key information out of the info you gave here but gave it to the lawyer or 2.) The lawyer knows how to get paid for situations that don't go anywhere but on which he can make a lot of noise.
 

mjalley

Junior Member
How much of a retainer did the lawyer ask for?
No retainer fee. He did tell me that if we win he would get 30% plus so much an hour for his research and interviews and such. He said this company usually will just settle with cases like this... we will see. I don't even know what to ask for. In all reality I just wanted to get some attention to our center and get my manager fired :cool: this may do it since he already has another lawsuit in the works too (It was over something different, but still had to do with his demenor towards people)
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top