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Fire for reporting an abusive manager

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  • Fire for reporting an abusive manager

    I have been working for a large company for over 3 years. In the 3 years My manager has had several complaints sent to HR about his managment style and tactics.
    He yells,screams,slams things down and even degrades the associates in fron of other co workers.
    We have also had at least 7 people quit because of him including temps who lasted two days.
    HR has never done anything about this.
    I was at my desk when he calls me into his office and proceeds to yell and intimidate me and gets into my face and looks as if he is going to strike me.
    I explain I had already done what he had asked two days ago and him yelling was out of line.
    He then procceds to tell me if I dont like it I can quit like the rest of the folks he has chased off. He is the boss and could do whatever he wants. he is the only boss on the west coast and the east coast HQ will do what he tells them to do.
    I had enough of his behavior. I filed a stress and hostile work envoirnment claim.I emailed HR before leaving for the day and explained what had happen and asked someone contact me at home as I am not quitting but cant take the stress from this manager any longer. I want to seek out medical attention for the abuise I have gone through.
    HR did not want to provide me any claim forms or help with this situation at all.
    Thery tpold me to work it out with my manager.
    They never provided claim forms. Until 3 days after I left They said I quit because I walked out.
    Now I have a copy of the email I sent before leaving for the day stating I am not quitting but want help.
    They terminated me.
    The claim was accepted by the companys insurance carrier. and I have been on workers comp.
    The treatment will be ending soon and NOW I dont have a job. Is this legal to terminate someone?
    Since then 2 other people have written to HR about this manager and nothing is being done about it.
    Seems he is apart of some good olew boys club back east and HR wont help.
    Does anyone have any advice?
    Is this wrongful termination?

  • #2
    No, this is not a wrongful termination. A wrongful termination exists ONLY when you are fired for a reason prohibited by law.

    While I don't approve of the manager's behavior, it is not illegal to be a jerk. He is free to yell and scream and slam things down and even throw things. It may not be professional, but it does not violate any laws.

    Under the law, you were not legally in a hostile work environment. That happens ONLY when you are being subjected to either sexual harassment or illegal discrimination under Title VII and related laws (race, religion, national origin etc.).

    Since no laws were being violated, your HR department had no legal obligation to take any action. They are free to characterize your walking out as a quit. They are also free to terminate your employment for walking out. Either is legal.

    I'm quite surprised your claim was accepted. Most of the time such claims are denied. You really lucked out on that one. But that doesn't make anything that happened illegal.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


    • #3
      one more question

      Now the insurance carrier is asking me to see a QME. I have filled out a state form to request a list of 3 doctors.I guess it takes 30 days and they will provide a lisdt of 3 dr for me to chose from.
      What happens after I see this new dr?
      I'm not doing this for a settlement but with no job to go back to, I am wanting to know if there will be a settlment of some sort?
      Will my weekly benefits just stop? I am trying to understand the legal situation since I have no lawyer.
      I have never been written up or had verbal warnings so losing this job is very painful. I guess I should have just kepy my mouth shut and not wrote the letter.
      i guess its best to pick up the pieces and seek a new job after I see this new QME?
      any advice would be appreciated.


      • #4
        Since we don't know what the QME will find it is impossible to predict what the future will hold. I too am somewhat surprised your claim was accepted but it does happen.

        There would only be a settlement if you suffer some permanent impairment as a result of this incident. There would not be one simply because you are no longer employed or because you filed a claim.
        I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.