Do I have a harassment case against my employer?

Asked over 2 years ago - Brownsburg, IN

I started a new job and I feel like my employer is harassing me. I want to find out what to do or if I even have a case. I started training to be an assistant manager in my new job. The manager has yelled at me on repeated occasions and has brought me to tears. The first time was when I was entering incoming merchandise into the system and I made a mistake in the amount entered. He said at this point that if we catch the mistake before we transmit the information to the office we can correct it. Next was when I entered the wrong number and asked him how to change it but this time he said it couldn’t be changed. He said that was my second write up and if it happens again then I would be terminated. Another time was when I was trying to do the end of day and when I said I wasn’t

Attorney answers (3)

  1. Nathaniel O Hubley

    Contributor Level 12

    3

    Lawyers agree

    Answered . I agree with the previous answer. Based upon what you have said, it does not sound like you have a harassment case against your employer. If the conduct was because of your gender, race, religion, age, etc...then you might have a viable claim. Like I tell many of my clients, there is nothing illegal about being a jerk. Best of luck to you.

  2. Michael S. Haber

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . "Harassment" is probably the most overused word in the English language. It is also one of the most misunderstood words. You have not identified anything that seems to constitute harassment -- what you have done is to explain that you are not adjusting well to your new job and that you are in danger of being fired.

    A difficult or demanding boss is not enough, by itself, to constitute any sort of harassment. In order for harassment to constitute employment discrimination, it must be based on some protected category, such as sex, pregnancy, age, disability, national origin, color, creed, race, or religion.

    Your posting suggests that what you call "harassment" is related not to one of those protected categories, but, rather, to mistakes that you are making at work.

    In a perfect world, employers would all be nice, friendly, understanding, accommodating, and a pleasure to deal with. It is not, however, a perfect world. But the fact that it is not does not make out a charge of employment discrimination.

    Good luck to you.

    Michael S. Haber is a New York attorney. As such, his responses to posted inquiries, such as the one above, are... more
  3. Barry Franklin Poulson

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Some jobs require remarkable precision. It just goes with the job. If your manager fails to prevent errors, including by his employees, he could lose his job. It is routine for managers in these high precision work environments to weed out employees who make errors or who seem not to accept correction as to error.

    You could ask your manager if there are other jobs in your company where you could prove yourself to be a good worker, but without the stress of the data entry requirement. Some employees could not key in data for even one day, but go years without missing work. Very good employees to have. Some data entry personnel can key over 20,000 key strokes an hour and go days without error. That may not be you.

    Jobs are hard to find. Accomodate the workplace. If you cannot, and there are no other positions available, ask your manager if you can gracefully resign and ask for a good recommendation so you can find a job that suits you.

    There is no harassment claim here, by the way. How could there be?

    We do not have a client/attorney relationship until you make an appointment, we discuss your case face to face, I... more

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