Can I sue my boss for being verbally abusive? 8 Answers as of March 29, 2012My boss is verbally abusive. I already told him that I find his language very offensive yet he has not changed. I would like to file a case against him. What evidence should I have for a strong case? Is there any department/government office that I can go to for this issue? Can I sue my boss for being verbally abusive?
Law Office of Tadd Dietz, PLLC | Tadd Dietz
Utah is an at will employment state. At will employment generally refers to a position that is terminable at the will of the employer for any reasonor no reason at all, and without notice. However, there are certain state and federal laws that prohibit adverse employment action against certain protected categories of individuals. The following are just some laws that protect certain categories of employees from adverse employment actions. For instance, Title VII of the Civil Rights Act of 1964, prohibits covered employers from discriminating and retaliating against an employee based on their race, color, national origin, sex (including pregnancy), and religion. Sexual harassment can rise to the level of being sexual discrimination which is prohibited under Title VII of the Civil Rights Act of 1964. "Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment" constitutes sexual harassment under Title VII. See 29 Code of Federal Regulations Section 1604.11. Submitting employees to such sexual harassment, and taking adverse employment actions against employees that submit to or reject such sexual harassment is prohibited under the law. Further, covered employers are prohibited from creating a hostile work environment that that unreasonably interferes with the terms and conditions of the employees' work. Employers are also prohibited from retaliating against employees that complain about the illegal sexual harassment, file a charge of discrimination, or otherwise participate in employment discrimination proceedings. The Americans With Disabilities Act of 1990 protects qualified individuals with a disability from being discriminated and retaliated against in the terms of their employment. The Age Discrimination in Employment Act of 1967 prohibits covered employers from discrimination and retaliating against individuals over the age of 40 based on their age. The Uniformed Services Employment and Reemployment Rights Act of 1994 prohibits covered employers from discriminating and retaliating against an employee based on their military status or obligations. For theses discrimination related complaints employees typically must file a Charge of Discrimination against their employer within 180 from the last adverse employment action. In Utah an employee can file the charge of discriminationwith the Equal Employment Opportunity Commission, or with the Utah Antidiscrimination and Labor Division. In Utah some public employers are prohibited from discharging, or otherwise discriminating against an employee that reports, testifies, or otherwise refuses to carry out directive that violate state or federal law/rules/regulations. See Utah Cod Ann. Section 67-21-1 et seq. If you are seeking legal advice regarding the specific facts of your case consult an attorney.
Answer Applies to: Utah
Nancy Wallace, Attorney at Law | Nancy Wallace
While you can try to say you've got a Psychiatric Injury at the Workers Comp Appeals Board, do you really want to have a psychiatrist label you permanently psychiatrically disabled? Having a permanent psychiatric disability makes it nearly impossible to ever adopt, ever foster a child, ever work in a school, be bonded...and future employers will find a reason not to hire you. The remedy for a boss with verbal abuse is to GET A NEW JOB. Suing mean you have to prove "damages." Unless you are spending thousands on psychiatric treatment, there are no damages. Instead of trying to find a way to sue your boss, put all of your energy into finding a new boss.
Answer Applies to: California
Quitmeier Law Firm, P.C. | William M. Quitmeier
Bosses can act like jerks if they want. The employee may quit. Bosses are not allowed to discriminate based on race, color, creed, national origin, religion, gender, age, whistle blowing, or in breach of contract. But if they are not discriminating on the basis of these prohibited discriminations or in breach of contract, they can act like jerks.
Answer Applies to: Missouri
Fox & Fox, S.C. | Richard F. Rice
If the abuse is due to your status in a "protected class" such as sex, age-40 years or older, race/national origin, disability, then you might have a case against your boss. If you work outside the City of Madison, I recommend that you contact the Wisconsin Equal Rights Division. If you work in the City of Madison, contact the Equal Opportunities Commission.
Answer Applies to: Wisconsin