QUESTION
How do I prove hostile work environment?
Asked on Aug 23rd, 2012 on Business Law - California
More details to this question:
I was unjustly fired and through appeal re-instated. but now I am being forced to commute 160mi a day instead of working in my home town as before.
From when I came back to work and now Gas has cost me over $1200 and it is VERY clear that my employer is doing this to create a financial hardship on me and to try to make me quit.
On 08/16/12 I submitted a transfer request to return to work in my home town and was denied. Where the work station I have been transferred to is the farthest assignment from where I live that does NOT provide a take home car. Also I have been ordered in writing not to talk bad about my employers or the investigation and the details of my appeal which got me re-instated therefore violating my First Amendment rights.
1 ANSWER
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A "hostile work environment" means something other than what you think. Generally, it means that your employer discriminates against a particular protected group (religon, gender, national origin, etc.) and makes life difficult only for members of that group. The fact that your employer is mean, nasty, inconsiderate, requires you to work at a remote location, etc. is not evidence of hostility in a legal sense. If you don't like working there, your employer and you both have the same right -- to terminate the relationship.
Unless you are employed by a public-sector employer, you have no First Amendment rights in the workplace.
Answered on Aug 23rd, 2012 at 7:14 PM