Can I Sue My Boss?
Is your boss demanding and putting down your work all the time?
Does your boss cuss at you and make you feel terrible?
Does your team hate your boss and want to quit?
Your boss may be a jerk, a bully, as well as mean, but does this mean you can sue him? The short answer is no. There are a lot of protected actions and people that can seek further legal action but you also need to know that managers and bosses have legal rights as well. Some of the top cases we see are:
1) Discrimination against women, over 65, or other protected classes.
We commonly see pregnant women, women, and older workers get passed over for promotions and treated in a manner that is not the same as their younger or male counterparts. We have noticed that these classes suffer from an unfair belief they don’t want to be a “burden” to the company. However, it is not legal for companies to push these workers to the side and promote over them. When this happens you need to speak with an attorney and see if there is enough evidence to support your claim. A lot of times, one demand letter will help you regain respect from your business.
The law has created a term called “temporal proximity.” Meaning the time between the protected activities and adverse employment action are so close in timing, that it alone can be inference of discrimination. Please see out next blog for more information on how to build your case.
2) Wrongful termination.
Are you scared about standing up for your rights? Don’t worry. If you raise a sexual harassment complaint with your boss, e.g. unfair treatment based on sex or other issues, and are soon after fired, you will have an extremely strong claim for wrongful termination. Asking about these rights is not something to ever be afraid of. There are steps you should take to protect yourself and you should speak with an attorney ASAP if you are worried about your current position.
As well, if you are returning from maternity leave, or if you are older and suddenly fired, you may also be in a protected class and will need to make sure the termination was legal.
3) Sexual harassment
These are complicated cases and we strongly suggest seeking legal advice as soon as possible. There may be times that co-workers are making comments that are sexual in nature or there may be a time when you being approached by a manager or co-worker in an inappropriate way. We suggest you address HR as soon as possible and seek legal advice if worried about your job.
In a future blog post we are going to address how to build your case and ensure you have the evidence you need. Please subscribe to get this article as soon as it is published.
4) Women’s issues
The world is becoming a smaller and smaller place. In a lot of ways, this is an amazing thing but for women in the workplace, it means they may be faced with managers from cultures unaligned with acceptable and legal business practices in the States. It is important for women to know that your manager’s original culture does not excuse sexual discrimination. Having been raised in a culture that treats women as lesser than does not excuse a manager, male or female, from treating you differently than a man. If you are currently suffering from this reality, even from a fellow female manager, it is important to seek legal counsel.
-Author Marcia Wallis is an associate attorney with the Louderback Law Group