Does my employer have the right to make derogatory comments about my family?

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Does my employer have the right to make derogatory comments about my family?

Does he have the right to treat them badly when they come into his store? My employer always treated my family like they didn’t belong in his store. He wouldn’t even speak to them. He would make comments about them being stupid or that they were alcoholics and other comments.

Asked on September 1, 2010 under Employment Labor Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

1) There is no rule saying that anyone--including an employer--cannot be rude, nasty, insulting, etc. to people--including family of staff.

However, that said:

2) While anyone can be rude and nasty, and can even make opinion statements without any fear of  liability (e.g. "You're the creepiest S.O.B. I've ever met"--that's simply an opinon), IF the person makes false factual statements that put another person in a bad light and damage their reputation, and those statements are made to third party(ies), that might be defamation. So, for example, calling someone "stupid" is an opinion; but saying they are an "alcoholic" is a statement of fact, and if it's false and it's made in front of other people, that could be defamation.

3) Also, employers cannot discriminate against or harass employees on the basis of race, sex, religion, age over 40, or disability; if the employer is making nasty comments to/about your family really to harass you because of your race, sex, etc., that might be illegal employment discrimination.

If you think (2) or (3) might be the case, you might consult with an attorney to see if you do in fact have a claim and what it might be worth.


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 AttorneyPages.com 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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