I am an independent insurance agent that is a 1099 worker. One of the supervisors, or "Coordinators" that works in my office bullies his subordinates, or "team members." Specifically, he threatens to have them fired, if they do not meet his team goals, or does not follow the rules that he sets forth. He leads new agents to believe this is possible, which it is not, but they are not aware of it. Many of the agents on his team are scared and unsure what is right or wrong and they fear being in "trouble" or being fired for not following his "rules" or meeting goals. Does this constitute harassment, or misclassification of employee status? The supervisors above this person in the corporation state that they cannot do anything about it, is this true?
A hostile work environment is a form of workplace harassment. And harassment is only illegal if it is directed against a member of a protected class (for example, if it is based on race, color, religion, sex, national origin, age, disability or genetic information, or it is in retaliation for complaints of illegal conduct.
Being a jerk is bad management, but it isn't illegal.
Re: "...Specifically, he threatens to have them fired, if they do not meet his team goals, or does not follow the rules that he sets forth. He leads new agents to believe this is possible, which it is not..."
Threats to terminate workers for failure to meet productivity standards are not unlawful. If you are correct that it is not possible for agents to be fired from this employment on this basis, that impossibility is because of internal optional work rules, not because of legal constraints. Under CA law, any employer may terminate workers for any reason except a statutorily prohibited reason or a reason that violates public policy. Termination on the basis of failure to meet productivity measures, without more, would not violate either of these prohibitive standards.
There may indeed be a misclassification issue here, but it is unlikely that there is a viable claim for harassment or other unlawful employer conduct. Even so, you would be well advised to let these agents sort out their own work situations and potential claims. You have few if any protections in these circumstances, and you will not improve anyone else's situation by getting fired your own self.
Get free answers from experienced attorneys.
25,541 answers this week
2,680 attorneys answering
Don't speak legalese? We define thousands of terms in plain English.Browse our legal dictionary