I am currently a faculty member at a state university in New York State. I was promoted almost two years ago, and my former boss was demoted, so I became his boss. I was asked by my new boss if I could fire my former boss. I was concerned that my former boss would retaliate based on previous behavior. I agreed, but asked if I would have their support during this process. My new boss told me that I have the full support of the Dean's Office.

Over the next few months, while I was deciding whether or not to keep my former boss, he created a hostile work enviroment for me and my students. He would tell the students on an almost daily basis that I was incompetent and lacked the necessary experience needed to perform the job. He would embarrass the students in class by bringing up personal issues that should have remained confidential. He would tell the students that I was trying to set him up to make him look bad. He also refused to give me any of the course materials needed to teach each course (50 credits worth of coursework), and told me that it was about time that I started doing all of this myself. I asked the Dean's Office for assistance on numerous occassions in solving this situation, but they told me that they could not do anything. I eventually fired him, and he had a year to find a job.

This behavior continued on a daily basis over the next year. The students in the class would fight with him and with each other on an almost daily basis, to the point where it was almost impossible to teach. To make a long story short, after he tried to discredit me on a daily basis during this last year, I again received no support from the Dean's Office. They told me that they could not help me. At the end of his term appointment, I was fired. The reasons I was fired are as follows: one, I could not control his behavior, and two, I spent too much time trying to work on the coursework (again, I had to teach 50 credits in one year from scratch where most people teach 12 credits a year) and not enough time on administrative duties (where I not only kept the program running, but did a 300+ page self study of the program for accreditation purposes).

Next week is my last week as an employee here. Last week, the Dean's Office threatened me my telling me if I didn't hand over all of my course material, including my lectures, examinations, and course syllabi, I would be sued. They never requested this information from my previous boss, because as they put it, it wasn't very good. I handed over all of the materials as requested, but I didn't want to.

I am trying to figure out if there are any legal grounds for a lawsuit due to either copyright, hostile work environment, or harrassment violations. I would appreciate any advice anyone could give me.

A hostile work environment exists when you are being subjected to either sexual harassment or illegal discrimination under Title VII or related laws (race, religion, national origin etc.). Someone bad-mouthing your qualifications does not create an HWE under the law. Neither does someone refusing to give you their materials, even if so directed by the employer.

As above, illegal harassment is rooted in Title VII and related laws. Someone who is acting out because he's mad that you were promoted over him while he was demoted is not illegal harassment.

Copywrite law does not fall under employment law but it is my understanding that since you created the materials as a part of your employment they belong to the university and not to you. You'll probably want to run that part past a attorney who is versed in intellectual property issues.

Nothing you have posted gives you any legal recourse with regards to HWE or harassment, since what you have described does not meet the legal definitions thereof.

I am currently a faculty member at a state university in New York State. I was promoted almost two years ago, and my former boss was demoted, so I became his boss. I was asked by my new boss if I could fire my former boss. I was concerned that my former boss would retaliate based on previous behavior. I agreed, but asked if I would have their support during this process. My new boss told me that I have the full support of the Dean's Office.

Over the next few months, while I was deciding whether or not to keep my former boss, he created a hostile work enviroment for me and my students. He would tell the students on an almost daily basis that I was incompetent and lacked the necessary experience needed to perform the job. He would embarrass the students in class by bringing up personal issues that should have remained confidential. He would tell the students that I was trying to set him up to make him look bad. He also refused to give me any of the course materials needed to teach each course (50 credits worth of coursework), and told me that it was about time that I started doing all of this myself. I asked the Dean's Office for assistance on numerous occassions in solving this situation, but they told me that they could not do anything. I eventually fired him, and he had a year to find a job.

This behavior continued on a daily basis over the next year. The students in the class would fight with him and with each other on an almost daily basis, to the point where it was almost impossible to teach. To make a long story short, after he tried to discredit me on a daily basis during this last year, I again received no support from the Dean's Office. They told me that they could not help me. At the end of his term appointment, I was fired. The reasons I was fired are as follows: one, I could not control his behavior, and two, I spent too much time trying to work on the coursework (again, I had to teach 50 credits in one year from scratch where most people teach 12 credits a year) and not enough time on administrative duties (where I not only kept the program running, but did a 300+ page self study of the program for accreditation purposes).

Next week is my last week as an employee here. Last week, the Dean's Office threatened me my telling me if I didn't hand over all of my course material, including my lectures, examinations, and course syllabi, I would be sued. They never requested this information from my previous boss, because as they put it, it wasn't very good. I handed over all of the materials as requested, but I didn't want to.

I am trying to figure out if there are any legal grounds for a lawsuit due to either copyright, hostile work environment, or harrassment violations. I would appreciate any advice anyone could give me.This isn't a hostile work enviroment as defined under the law.

To meet that definition, the employee must be able to show that s/he is being subjected to either sexual harassment or illegal discrimination under Title VII (race, religion, national origin, age etc.). It has nothing to do with the atmosphere of your workplace, no matter how unpleasant it may be.

If you were told to fire your previous boss and did not instead allowing this person to cause this level of disruption, it is no surprise they determined you were not suited to the position. Unless you had a contract prohibiting them from doing so, they could legally fire you.

I did fire him, but he had a year to find a new job (as per state guidelines). He stayed for the entire year. The Dean's Office has been trying to fire him for years, but were afraid to, since he always threatened a lawsuit. I had the courage to do what needed to be done, for the protection of my students (one student in particular received threatening text messages and she was afraid for her life). I was not allowed to pull him from classes, question his teaching techniques, or say or do anything that would provoke him from starting a lawsuit against us (and I was told this on numerous occassions). One of the reasons I was fired was because I didn't use him enough in the classroom; when he did enter the classroom, he would sit down and tell the students that he doesn't have to teach them anything. It has been a very frustrating year.

Again, nothing you have posted gives any legal recourse for harassment or a hostile work enviroment.

What has been called a landmark ruling by the EEOC may bring some recourse for workers who are victims of a hostile work environment. As you know, a hostile work environment is one of the most difficult issues to deal with. There is no law that says your boss has to be a nice guy and short of violations of the discrimination laws, workers have had limited recourse. However, the EEOC took a brave position in EEOC v. National Education Assoc. and NEA-Alaska. No. A01-0225-CV (JKS) (D. Alaska May 19, 2006). This complaint was filed by 5 female (union) employees who were subjected to a male boss who was a bully. He screamed at them, verbally berated them, etc. His behavior did not fit the discrimination laws as we have understood them. There was nothing sexual, no quip pro quo, etc. The only thing "sexual" was their gender. The Alaska affiliate as well as the NEA affiliate were heavily fined. NEA was fined because (as the parent union) they knew the supervisor was doing what he was but they failed to address his behavior. I watched the Net and personal injury attorney's started salivating over this ruling because of its future potential. It was the first time EEOC allowed the sexual harrassment law to be defined this way and include harassment that was not sexual.

Straight from the EEOC website http://www.eeoc.gov/litigation/settlements/settlement05-06.html

EEOC v. National Education Assoc. and NEA-Alaska
No. A01-0225-CV (JKS) (D. Alaska May 19, 2006)
In its complaint in this Title VII suit, the Seattle District Office alleged that a teacher's union, the National Education Association, and its local affiliate NEA-Alaska, subjected three female employees in NEA-Alaska's Anchorage office (a trainer/organizer and two office support staff) to a sexually hostile work environment and constructively discharged one of them. National NEA helped place Thomas Harvey into a high-level management position at NEA-Alaska, despite his record of targeting female employees for abuse when he worked at two other NEA affiliates. Harvey was part of NEA's Unified State Executive Director Program (USEDP), through which NEA helps small affiliates pay the cost of employing executive directors. Harvey regularly subjected women at NEA-Alaska to verbal abuse and intimidation (including screaming and shaking his fist in their faces), though he rarely raised his voice to male employees. The federal district court for Alaska dismissed the case on the grounds that Harvey's behavior was not overtly sexual and thus not unlawful sexual harassment. However, the Ninth Circuit Court of Appeals reinstated the suit, ruling that harassing conduct does not have to be motivated by lust or misogyny to be illegal sex discrimination.

The San Francisco District Office resolved the case with a 3-year consent decree under which the three charging party/plaintiff-intervenors will receive $750,000 in monetary relief. The decree contains a number of provisions designed to promote information-sharing between NEA and its state affiliates regarding complaints made against USEDP participants. NEA will require each state affiliate that participates in the USEDP program to include USEDP participants in the antiharassment training that the state affiliate provides to its supervisors and managers. For the term of the decree, National NEA must report annually to the EEOC regarding discrimination complaints made by employees of NEA or its state affiliates and any action taken to resolve those complaints. NEA-Alaska must file similar reports with EEOC.

Keep in mind this was a settlement and not a court decision and the conduct was still based on sex, not just general bullying.

I just wanted to thank all of you for your assistance. Today is my last day at my current job, and I am looking forward to a new career opportunity awaiting me in another state.