What to do if I feel like I am in a hostile work environment?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What to do if I feel like I am in a hostile work environment?

About a week ago I asked my manager a question. He responded by saying, “How about me and you go into the field with some guns, and you stand five feet next to what I’m shooting at”. He then says, “If you ever question me like that again, it’s going to get real awkward for everybody involved”. I am a member of the military, and have been on two deployments that my manager also knew about before he made the comments. I don’t feel that guns are anything to joke about.

Asked on January 24, 2013 under Employment Labor Law, Tennessee

Answers:

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

Answered 10 years ago | Contributor

A "hostile work environment" is one that prevents an employee from doing their work duties in a reasonable manner. Either by behavior or actions, a superior or co-worker creates an environment that is counterproductive to the employee performing their job. That having been said however, these behaviors must be "discriminatory" in nature and not just a result unprofessional behavior (i.e. rude remarks).

Note: Workplace discrimination is action taken against an employee because they are a member of what is known as a "protected class" (in other words race, religion, national origin, sexual orientation, gender, age, disability, etc. must not be a factor in their treatment).

Based on the limited facts that you have presented, it's not clear that neither plays a role in your situation. You should be aware that most employment relationships are what is known as "at will", which means that an employer can hire or fire someone for any reason or no reason whatsoever, as well has increase/decrease salary/hours, promote/demote, and generally impose requirements as they see fit. In turn, you can work for an employer, or not, your choice.

Note:  Exceptions to the above would be if there is a stated company policy covering your situation, or there is a union/employment agreement to the contrary, or (as stated above) if your situation has arisen due to some type of discrimination.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Unfortunately, the law does not prevent workplaces from being hostile, even excessively, unprofessionally, egregiously so. All that is barred is hostility directed towards a person due to certain specfically protected characteristics, the main ones of which are sex, race, age over 40, disability, and religion. (Some states also protect a few other categories, such as sexual orientation, national origin, and/or family status.) If the hostility is not directed at you on the basis of such a specifically protected category, it is legal.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption