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raggum · Dec 28, 2010, 06:33 AM

Is there any kind of legal action I can take where the authorities can get involved and help me. My now ex-boss, has been very rude towards me for months now. We didn't often agree but I never made a scene and I never insulted him or pointed out that he was shouting at me for something that was not necessary or my fault. He called me into his office today, as soon as I got in he exploded... I have never in my life been so humiliated, insulted, sworn at or felt so afraid of belittled. I was fearing he was going to become violent... Basically; I told him to calm down, tried to talk to him but he kept interrupting me and swearing at me for things completely irrelevant.

Is there any kind of legal action I can take?
Please help me

smoothy · Dec 28, 2010, 06:46 AM

Probibly not... if you are an at-will employee... he could just simply fire you. Insubordination is the only excuse he would need. And really he wouldn't even need that. Unfortunately in a battle of wills, in a workplace... you are likely to lose.

If you are a Union employee... definately take it up with your Union rep.

However it helps to know where you are Country and State or Province because labor laws do vary. And there is no generic one size-fits-all answers without knowing that.

ITstudent2006 · Dec 28, 2010, 07:09 AM

My now ex-boss? Did you get fired? Boss get fired? What happened here?

Smoothy is correct as far as the labor laws varying. We would need more information to specifically pinpoint options you may consider.

Smoothy: If she was fired or denied promotion, raise etc... would she be eligible to file an EEOC Retaliation Claim? Even if the OP is an at-will employee?

smoothy · Dec 28, 2010, 07:15 AM

Originally Posted by ITstudent2006

My now ex-boss? Did you get fired? Boss get fired? What happened here?

Smoothy is correct as far as the labor laws varying. We would need more information to specifically pinpoint options you may consider.

Smoothy: If she was fired or denied promotion, raise etc... would she be eligible to file an EEOC Retaliation Claim? Even if the OP is an at-will employee?

Even that can be up to dispute depending on exact circumstances. EEOC claims are far from automatically awarded... and its upon the accuser to prove definatively. And that's not easy to do. I've known several people that have tried and failed here in Washington, DC.. A few took settlements from the employer to just leave quietly, but never won their case.

There is a lot we don't know about the reason and specifics as to the actual disagreement. And it's that information that can swing the pendulum in either direction.

The EEOC protects people more from discrimination based on age, race or gender (and sexual orientation)... but not so much on the boss just not liking you. And many of us have been there before.

And it also assumes they are working under the umbrella of US labor laws or the EEOC would not apply. And there actually are certain employers INSIDE the USA that are exempted from that believe it or not. I can name three but won't repeat them here. And I got that from the EEOC themselves in reference to a claim I was helping someone make with them.

ITstudent2006 · Dec 28, 2010, 08:16 AM

According to the EEOC Article I read in the P&C National Underwriter the investigation of disrimination doesn't have to proved valid. Obviously a valid discrmination investigation will most likely help your case.

While the OP may or maynot be liked due to discrimination if the OP is female and the boss male, wouldn't that consitute as a form of sexual discrimination, by the sounds of it the boss has no reason not to like the OP. Assuming the OP is a model employee and this hatred isn't based on unsufficient work, sexual orientation or reference can be assumed. Proven? Maybe, maybe not, but assumed none-the-less.

Of course, this is all just questions and by no means am I suggesting that the OP files this claim. Just wondering is all. Something to keep in the back of our minds.

joypulv · Dec 28, 2010, 08:52 AM

There's something a little odd about you asking about your boss under Workplace Relationships, and yet you sort of gloss right over the word 'ex-boss.' If you've been fired, please say so.

Didn't often agree? The boss doesn't have to agree, you do.
Unnecessarily or not your fault? That's not for you to decide.
Told him to calm down? Triple ouch.

I'm wondering (since this isn't under Law and your question has been covered) how many jobs have you had and is it possible that you don't quite get the employer/employee relationship?

ITstudent2006 · Dec 28, 2010, 08:55 AM

I noticed that too but figured the OP was referring to employee/boss relationship in the workplace.

Good question though. Having a relationship or past relationship could change the ballgame.

raggum · Dec 28, 2010, 09:29 AM

Workplace relationships;... employer to employee relationship... that's all.
Ex-boss because I left after he was finished swearing and shouting at me. Obviously Im not going back to work for him after been insulted like that.

raggum · Dec 28, 2010, 09:31 AM

When I say didn't agree I mean we had different ways of doing something, but my way was wrong in his eyes. Even if we got an equal result
It is unnecessary for him to shout at me for somebody else's mistake... or should I continue to take the blame

raggum · Dec 28, 2010, 09:32 AM

If sombody is swearing at me and shouting at me for a reason I do not believe is fair, I will ask them to calm down and not do so... is that fair?

ITstudent2006 · Dec 28, 2010, 09:41 AM

You need to realize that he is the boss and you are the employee. You may not agree with the way he does things, says thing, or acts but you have no say. Unless this behavior is indicitave of discrimination or harassment of some sorts and not just you butting heads, you have to abide by his policies and his way of doing things.

I don't agree with the IT Director on some things but I follow orders, when asked I will put my two cents in, but only when asked. I don't view his opinions as wrong as he is my boss and there is a reason he is there and I am under him.

One thing you need to realize in a work environment is that there are usually many different ways to getting things done with the same result. If your boss says to do it one way you can't argue and resist because you think another way is better.

smoothy · Dec 28, 2010, 09:49 AM

Originally Posted by ITstudent2006

You need to realize that he is the boss and you are the employee. You may not agree with the way he does things, says thing, or acts but you have no say. Unless this behavior is indicitave of discrimination or harrasment of some sorts and not just you butting heads, you have to abide by his policies and his way of doing things.

I don't agree with the IT Director on some things but I follow orders, when asked I will put my two cents in, but only when asked. I don't view his opinions as wrong as he is my boss and there is a reason he is there and I am under him.

One thing you need to realize in a work environment is that there are usually many different ways to getting things done with the same result. If your boss says to do it one way you can't argue and resist because you think another way is better.

Complete agreement... the boss is the boss. They set the rules... they don't even have to be nice and many aren't. I've left to find better jobs rather than stay with a boss like that. If push comes to shove... 99.99% of the time the boss wins and you lose.

There is an old saying by Sun Tsu... "Choose your battles wisely". And one from the street, "don't pick a fight you can't win unless you are really asking to get your butt kicked".

excon · Dec 28, 2010, 10:25 AM

Hello r:

I agree with my compatriots. You have no legal remedies available. Your boss has the right to be a complete a$$.

excon

Fr_Chuck · Dec 28, 2010, 11:20 AM

Yes, a person can be a bad boss and yell and scream at the employees all day if he wishes, I have had my share. I had one that used to come in every 6 weeks and fire at at least one person who he felt was doing the worst work,

So did you quit, that is your option, go to work somewhere else

And you told the boss to calm down and told interrupted him ? So I will assume at that point he fired you?