Can I sue my employer if they blatantly block me from promotions and harass me in the workplace?

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Can I sue my employer if they blatantly block me from promotions and harass me in the workplace?

I’m 42 years old and 2 years ago I told 1 of our GMs that our company is a little old fashioned. He did not like that and has blocked all 8 promotional jobs I have applied for since. He also says things that are false about me that are negative in nature without me around. The feedback I get from all jobs is that I would be a great fit and I have all the experience and skills necessary. However, I don’t exhibit the company culture and that is what they need yet I have taken all the classes and been there 4 years. Many of the people hired were from the outside where they had zero culture. Also, our GM has come to my office and rubbed the fact I did not get any of these jobs in my face and I have caught him spying on me outside my office. Last raise cycle I got no raise because they said I made too much while everyone else in my group got a raise. I’m leaving the company. Is anything here worth taking legal action?

Asked on November 7, 2017 under Employment Labor Law, Indiana

Answers:

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

Answered 3 years ago | Contributor

Unless your treatment is the result of some form of legally actionable discrimination, no law has been broken. In other words, unless you have received lesser treatment than your co-workers based on you age (over 40), gender, nationality, disability, race, religion, etc., then you have no claim. Just because you are 42 does not mean that all negative action in your workplace is age related. In order to have a valid claim, you would have to show a pattern of preferential treatment given to younger workers, and which you did not. Further, the fact is that absent the terms of a union agreement or employment contract to the contrary, a company can set the conditions of employment much as it sees fit. That having been said, if you feel that you have a claim, you can discuss the details of your situation directly with a local employment law attorney or state dpartmemt of labor.

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

Answered 3 years ago | Contributor

Unless your treatment is the result of some form of legally actionable discrimination, no law has been broken. In other words, unless you have received lesser treatment than your co-workers based on you age (over 40), gender, nationality, disability, race, religion, etc., then you have no claim. Just because you are 42 does not mean that all negative action in your workplace is age related. In order to have a valid claim, you would have to show a pattern of preferential treatment given to younger workers, and which you did not. Further, the fact is that absent the terms of a union agreement or employment contract to the contrary, a company can set the conditions of employment much as it sees fit. That having been said, if you feel that you have a claim, you can discuss the details of your situation directly with a local employment law attorney or state dpartmemt of labor.


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