What are my rights if my compensation and ability to be promoted has been effected because I am not personal friends with my district manager?

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What are my rights if my compensation and ability to be promoted has been effected because I am not personal friends with my district manager?

Does this make for a hostile work environment or some sort of discrimination?

Asked on July 23, 2011 California

Answers:

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

Answered 10 years ago | Contributor

First off, a hostile workplace environment is one that prevents an employee from doing their job duties reasonably. In such a situation, a boss and/or co-worker creates an environment that is counterproductive due to their behavior and/or actions. However, these behaviors typically must be discriminatory in nature and are not just a result of rude behavior.

Secondly, discrimination is action taken against an employee because they are a member of a "protected class"; in other words race, religion, age, disability, sex, national origin (and in some states gender identity) must not be a factor in their treatment.

Based on the you that you have facts presented, neither seems to have played a role in your situation. It's not clear that you are unable to perforn your work duties due to a lack of friendship with your GM. Additionally, although you may bot be treated the same as other workers, there is no law that says you must be (unless you are a member of a protected class). Consequently, while your treatment may be unprofessional, it is legal.

The fact is that most employment relationships are what is known as "at will". This means that basically an employer can hire/fire someone for any reason or no reason whatsoever, as well has increase/decrease salary/hours, promote/demote, and generally impose the conditions of employment as it sees fit. In turn, an employee can work for an employer or not, their choice. Exceptions to this would be if there is a stated company policy prohibiting such behavior, or there is a union/employment agreement to the contrary, or (as stated above) if the situation has arisen due to some type of discrimination.


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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