Can I fight returning to work for a supervisor who has harassed me?

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Can I fight returning to work for a supervisor who has harassed me?

For the past 6 years, I have worked under a supervisor for state park service who attacks my personal life and volunteer activities, even going so far as to put it in writing. It’s gotten so bad that I reported it to higher ups, who found in my favor and suspended the supervisor temporarily. Now, they want me to go back to work as his subordinate after I’d been transferred away. I don’t feel comfortable in his presence and there is operational need everywhere.

Asked on February 9, 2017 under Employment Labor Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Possibly you may have rights under a union contract (you indicate you are in a union), or under civil service rules (if you are part of the civil service in this position); check your union contract and any civil service rules, if applicable.
However, other than as per the above, you would have no rights in this context: it is your employer's decision, not yours, who you report to, and they can have you report to a supervisor who has harassed you and with whom you have had conflict. This may be a bad idea, but it is, unfortuantely, a legal bad idea.


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