Can I fight returning to work for a supervisor who has harassed me?

UPDATED: Sep 30, 2022

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Can I fight returning to work for a supervisor who has harassed me?

For the past 6 years, I have worked under a supervisor for state park service who attacks my personal life and volunteer activities, even going so far as to put it in writing. It’s gotten so bad that I reported it to higher ups, who found in my favor and suspended the supervisor temporarily. Now, they want me to go back to work as his subordinate after I’d been transferred away. I don’t feel comfortable in his presence and there is operational need everywhere.

Asked on February 9, 2017 under Employment Labor Law, New Jersey


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Possibly you may have rights under a union contract (you indicate you are in a union), or under civil service rules (if you are part of the civil service in this position); check your union contract and any civil service rules, if applicable.
However, other than as per the above, you would have no rights in this context: it is your employer's decision, not yours, who you report to, and they can have you report to a supervisor who has harassed you and with whom you have had conflict. This may be a bad idea, but it is, unfortuantely, a legal bad idea.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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