Need to know if I have a case on work place harassment

UPDATED: Oct 2, 2022

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Need to know if I have a case on work place harassment

I’m a group home manager a few months ago I started feeling I was being harassed by some of the executive admin at my company and filed a grievance against the director of services and felt nothing was resolved I wrote another complaint on the issue and then had one of my family members diagnosed with cancer and went out on FMLA I returned today and was told 2 hours into my shift that my assistant manager would now be co-manager of the home I manage there is no reason for this.

Asked on July 22, 2019 under Employment Labor Law, Montana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

There may be nothing you can do:
1) If you were harassed over your race, sex, religion, color, national origin, age 40 or over, or disability (if any), then you may have an EEOC complaint: harassment or discrimination on those bases are specifically prohibited or forbidden. But other than those few forms of harassment or discrimination specifically forbidden by law, it is legal to harass an employee. Employment in this nation is "employment at will": among other things, that means, quite frankly, that there is no inherent right to fair or professional treatment at work, and your coworkers, employers, supervisors, etc. may be rude or disrespectful to you or harass you, and that is legal.
2) You can't lose pay or benefits due to being out on FMLA leave--if you did, contact your state or the federal department of labor--but that doesn't mean that another employee cannot be promoted to an equal level, or even over you. So the assistant manager being promoted to co-manager is not illegal.

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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