Can I sue my job for harassment and disparity of treatment?
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Can I sue my job for harassment and disparity of treatment?
For the last 8 months I’ve been being harassed
by a supervisor at my job. She has been
changing my times and bullying me. She goes
into the system and checks my badge rings and
writes her name and time on the mail I’m
working in order to time me. She doesn’t do
these thing to anyone else. She also went in
the system and deleted me for hours that I had
worked.
Asked on March 26, 2019 under Employment Labor Law, South Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Are you being harassed due to your race, color, national origin, sex, age 40 or over, religon, or disability--not merely that you fall into one or another of these categories, but the harassment is aimed at you specifically due to that category? If so, you have an employment discrimination case and should contact the federal EEOC to file a complaint.
However, if not--if this supervisor simply doesn't like you for some other reason--then her harassment is legal. Employment in this nation is "employment at will": among other things, that means you don't have a right to a job or even to fair treatment at a job, and employers may treat different employees differently. The law assumes that if you don't like your job or supervisor, you will find other employment. So only those certain kinds of discrimination mentioned above are illegal.
Separately from the harassment issue, if you are an hourly employee (paid based on your hours, not paid an annual salary), the employer may NOT delete hours you worked: under federal law (e.g. the Fair Labor Standards Act, or FLSA), your employer must record your time accurately and pay you for all hours worked. If you are hourly and were not paid for hours worked, contact the state or federal department of labor to file a wage-and-hour complaint.
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