Asked in Employment Discrimination and Employment Law

Q: My supervisor yelled the "f" word toward me while she was with me on my mail route.is that work place harassment?

I had a nervous breakdown due to it. And the union has said that is work place harassment. Also other employee's have filed against her. I was off work under Dr. Care. When she called me into work. I let her know about it. Then two days later, she sent me a certified letter and priority letter both starring that I was fired.

1 Lawyer Answer
Charles Joseph
Charles Joseph
PREMIUM
Answered
  • Employment Law Lawyer
  • New York, NY

A: More facts are needed to determine whether you have a claim against your employer.

Generally, you cannot sue you employer just because someone is mean to you. If your supervisor if unpleasant to everyone, or even if he or she is harsh with you in particular, because they dislike you for personal reasons, the law does not prevent that. There is no legal requirement that workers be treated with civility, kindness, or even respect. However, federal law does prohibit your employer from harassing you based on your race, color, gender, religion, national origin, age or disability. New York State and New York City protect additional characteristics.

Also, if you were out on official medical leave, the FMLA prohibits your employer from firing you for exercising your right to take that leave.

The laws protecting employees vary from state to state and city to city. It also looks as if you are coved by a collective bargaining agreement, which could give you some additional protections. You should contact an experienced employment attorney in your area to fully discuss the facts of your situation.

You can read more about the laws protecting you from employment discrimination at https://www.workingnowandthen.com/.

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