Are employers allowed to curse at you in front of other co-workers and then write you up for insubordination?

My son was hurt at work and now they are all ignoring me and being rude. I asked my boss to join him in chit-chat to hopefully clear the air and next thing I know I am being yelled at in front of everybody and called a smartass. Then I recieved a write-up insubordination. Is this right?

Asked on September 23, 2016 under Employment Labor Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Since this action was not based on legally actionable discrimination (i.e. based on your race, religion, disability, age (over 40), etc), it was legal. However, if your treatment violated the terms of any exisiting employment contract or union agreement, then you would have a claim. Otherwise, while unprofessional and rude, your employer's action was perfectly permissable under the law. The fact is that most employment is "at will". This means that a company can set the conditions of employment much as it sees fit or deems appropriate. 


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