Is it legal for an employer to create an uncomfortable atmosphere of fear and turmoil in the workplace?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is it legal for an employer to create an uncomfortable atmosphere of fear and turmoil in the workplace?
There are demeaning remarks, angry tirades that include smashing of phones and screaming and cursing at employees and creating a general fear of approaching them during the performance of your job.
Asked on February 23, 2017 under Employment Labor Law, Michigan
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Thereis a cause of action for an employer creating or allowing to be created a "hostile work enviornment". Workplace harassment has to do with words and/or actions made by superiors and/or co-workers that create an environment that is so adversarial and antagonistic that it prevents an employee from performing their job duties in a resonable manner. That having been said, the conduct must be "discriminatory" and not merely the result of rude or boorish behavior. Specifically, the action taken against an employee must be due to their being a member of a "protected class". In other words, their treatment must be based on their religion, age (over 40), race, disability, national origin, etc). While there seems to be no question but that your boss's behavior is unprofessional, there may not be anything that you can do about it. Based on the limited facts presented, your employer's remarks do not appear to rise to the level of an actionable claim. That is unless there exisits company policy covering such a situation or you are protected against such behavior under the terms of an employment contract or collective bargaining agreement.
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.