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Mistreatment Laws?????

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  • Mistreatment Laws?????

    I reside in Massachusetts and was wondering if there are any type of mistreatment laws that protect the employee. My boss constantly yells, curses, and publicly demeans his employees. He calls us "useless" on a regular basis as well as asks us to leave meetings for saying something he terms as "stupid". Are there any laws that protect against this type of treatment?

    Any help or advice would be helpful. It is out of control but like most people need this job. Thank you in advance.
    Last edited by Mistreated; 08-18-2005, 12:12 PM.

  • #2
    Unfortunately (IMO), there is no law that protects employees from this type of treatment.

    If the behavior were particularly egregious the employee could sue for intentional infliction of emotional distress, but you'd have an uphill battle. Unfortunately, this type of behavior among supervisors/employers is so common that it doesn't shock anyone's conscience like it ought to.

    Your best bet is to just try to find a new job and quit.
    Last edited by grasmicc; 08-18-2005, 12:21 PM.

    Comment


    • #3
      Are there any laws that protect against this type of treatment? Not specifically, no. But the law does allow you the ultimate protection so to speak - which is complete freedom to find a new job and when you do, to tell your boss exactly why you're quitting.

      You shouldn't continue working for a jerk like this one day longer than you have to. Good luck.

      Comment


      • #4
        IIRC PTSD, which is a result of this treatment, is considered by the EEOC to be a disabling condition. And since the condition is acquired at work by the negligence of the supervisor, the EEOC would, I think, have some interest in this situation. Always worth looking into.
        I don't believe what I write, and neither should you. Information furnished to you is for debate purposes only, be sure to verify with your own research.
        Keep in mind that the information provided may not be worth any more than either a politician's promise or what you paid for it (nothing).
        I also may not have been either sane or sober when I wrote it down.
        Don't worry, be happy.

        http://www.rcfp.org/taping/index.html is a good resource!

        Comment


        • #5
          So you're suggesting that if the boss's behavior were so totally outrageous as to result in the employee developing a mental health condition that would be sufficiently severe enough to constitute a disability under the ADA, the employee then might be able to make a claim for disability discrimination.

          Cactus, the likelihood of all that occuring is about one in a billion, particularly since there's no basis to claim disability discrimination even IF the other factors were present. The boss isn't abusing anyone because they have a disability, he's doing it because he's a jerk and as grasmicc aptly pointed out, there are no laws that make that illegal.

          Comment


          • #6
            Maybe and maybe not Beth. There is still much to the working relationship we aren't aware of. I'd rather give it a try myself. Because if it gets to the point of mediation, perhaps, it may help.
            I don't believe what I write, and neither should you. Information furnished to you is for debate purposes only, be sure to verify with your own research.
            Keep in mind that the information provided may not be worth any more than either a politician's promise or what you paid for it (nothing).
            I also may not have been either sane or sober when I wrote it down.
            Don't worry, be happy.

            http://www.rcfp.org/taping/index.html is a good resource!

            Comment


            • #7
              cactus right, beth right

              cactusjack, I think is right. But beth3 is also right, me thinks-that achieving such a status would be extreme and rare. I myself noted in another post a couple days ago about a line of cases I remember reading about wrongful termination claims for being wrongfully terminated. That is not because of discrimination or etc., but because of the manner in which the employer terminated. I remember one case well where the bossman humiliated, degraded, degenerated and wholly acted like a manager when he terminated a teenage clerk quite publicly. she sued and won on a wrongful termination-type suit which really mimicked an intentional infliction of emotional distress claim. there were more cases along those lines, and I'm curious if that line has expanded or receded. I never kept up, but it stuck in some corner of my mind as interesting.

              well, whatever, this poster's scenario seems like run of the mill bad managerial behavior. I wouldn;t think there's a claim at all, here.

              curt j.

              Comment


              • #8
                YEEEE HAW! I found it!

                Go to http://www.adversity.net and do a search for "Post Traumatic Stress Disorder Among Victims of Reverse Discrimination". I knew I had it saved on my computer somewhere (kinda like looking for, well, you know)!

                I'd re-post it here but there could be a copyright violation if I do.

                The fact remains that it IS possible.
                I don't believe what I write, and neither should you. Information furnished to you is for debate purposes only, be sure to verify with your own research.
                Keep in mind that the information provided may not be worth any more than either a politician's promise or what you paid for it (nothing).
                I also may not have been either sane or sober when I wrote it down.
                Don't worry, be happy.

                http://www.rcfp.org/taping/index.html is a good resource!

                Comment


                • #9
                  Originally posted by CurtJ.
                  cactusjack, I think is right. But beth3 is also right, me thinks-that achieving such a status would be extreme and rare. I myself noted in another post a couple days ago about a line of cases I remember reading about wrongful termination claims for being wrongfully terminated. That is not because of discrimination or etc., but because of the manner in which the employer terminated. I remember one case well where the bossman humiliated, degraded, degenerated and wholly acted like a manager when he terminated a teenage clerk quite publicly. she sued and won on a wrongful termination-type suit which really mimicked an intentional infliction of emotional distress claim. there were more cases along those lines, and I'm curious if that line has expanded or receded. I never kept up, but it stuck in some corner of my mind as interesting.

                  well, whatever, this poster's scenario seems like run of the mill bad managerial behavior. I wouldn;t think there's a claim at all, here.

                  curt j.

                  If you sued for something like that, you'd just be suing for Prima Facie Tort. I don't have the numbers, but the majority rule rejects claims based solely on prima facie tort as non-suits.

                  Comment

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