Can I sue my manager for bullying me?

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Can I sue my manager for bullying me?

I’m a waitress at a pizza shop. My manager has been bullying me for a few months now. I really just want to quit and walk away but I have children to take care of. He started out doing passive/aggressive things like ignoring me when I speak or pretending to forget something I ask for. It started to progress into agressivly speaking at me and flailing his arms. Once was because the guy in the back had his music blaring so I had no idea by manager had said anything to me. He goes off on me in front of everyone employees and guests for any tiny mistake or inconvenience he thinks is my fault. However, yesterday was my breaking point. He came outside while I was on break. He started his usual hateful rant, none of which made sense. So I said I’d go back in, apologize to the table if something was wrong, and figure out my mistake. He screamed at me,

Asked on June 2, 2018 under Employment Labor Law, Kansas

Answers:

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

Answered 5 years ago | Contributor

While your manager's behavior is rude and unprofessinal to say the least, it is not illegal. In order to have a case for a hostile work enviornment, an employee's treatment must be due to some form of legally actionable discrimination. In other words, it must be due to their race, religion, age (over 40), gender, nationality, disability, etc. Otherwise, poor treatment of a worker is a business's perogative. Accordingly, unless this treatment breaches the terms of an employment contract or union agreement, you have no claim here.

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

Answered 5 years ago | Contributor

While your manager's behavior is rude and unprofessinal to say the least, it is not illegal. In order to have a case for a hostile work enviornment, an employee's treatment must be due to some form of legally actionable discrimination. In other words, it must be due to their race, religion, age (over 40), gender, nationality, disability, etc. Otherwise, poor treatment of a worker is a business's perogative. Accordingly, unless this treatment breaches the terms of an employment contract or union agreement, you have no claim here.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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