Skip to main content

Does my manager's conduct constitute unlawful harassment?

Myrtle Beach, SC |

I work at a bank. We all need to make sales quotas, and management rotates our duties to, supposedly, give everyone a chance to meet that quota. If we don't meet our monthly quota, we get written up. One of the duties, the drive-thru, statistically is where the least sales happen, and everyone knows it. My boss put me there for 6 months, my sales were low, and I kept getting written up. I complained to management, they took me off drive-thru, and my sales SOARED! Now, we have a new rotation system put in place by upper management after I complained. However, the lower supervisor put me back on the drive-thru, when it was NOT my turn. I asked why, she snapped and said "none of your business, it was a managerial decision." I feel targeted for complaining the 1st time. Do I have a case?

Attorney Answers 3


  1. Generally speaking, workplaces are not required to be fair and equitable. They are just required to be lawful. Generally speaking, complaining internally about unfair but otherwise lawful conduct does not give rise to a circumstance where one is protected from retaliation. Complaints internally, or to an agency of government, about sexual or racial harassment, cannot be the basis for retaliation, generally; complaints internally about unfair sales quotas based on working the drive-thru, probably can be the basis for retaliatory conduct. Not fair, I know; but it offends no general principle of law that I know of.

    Not legal advice as I don't practice law in South Carolina or hold licensure there. Consult South Carolna counsel for legal advice tailored to your specific circumstance. I practice in Vermont ONLY.


  2. You don't have a legal issue, let alone a case. You have a work issue with your manager.

    Be aware that in you state, absent a contract, union, or discrimination against a protected class, you may be fired for any reason, any time (see at-will employment).

    NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. DO NOT RELY ON ANY ADVICE YOU RECEIVE FROM ME OR ANY OTHER ATTORNEY IN THIS FORUM. Legal advice comes after a complete review of the facts and relevant documents and an expressed (written) agreement of representation that forms attorney-client confidentiality. Neither of these two events can occur in this forum. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. His answers to any Avvo question are rooted in general legal principles--NOT your specific state laws. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this or any other matter.


  3. No, you do not have a case. None of what you describe is actionable under the law.

    We do not have an attorney-client relationship. I am not your lawyer. The statements I have made do not constitute legal advice. Any statements I have made are based upon the very limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in California.

Criminal defense topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics