My fiance is afraid of reporting to HR because corporate seems to be covering for this guy and he thinks he'll be fired if he reports. The manager singles Tom out even though Tom has been with the company the longest and is the best employee the manager has. For example,, at this morning's employee meeting, the manager started the meeting by announcing "Hi, my name's Tom and I'm an alcoholic". Tom is not an alcoholic, and the manager had absolutely no basis for saying this. He has createda hostile work environment for everyone who works there, and has either lost or fired at least 5 of the 9 associates under him without giving any reason. Does my fiance have any recourse? f
To be actionable (ie illegal) workplace harassment must be based on an impermissible criteria such as sex, race, age, religion, having filed a workers' compensation claim etc. Generalized harassment because "the boss is a jerk" or "doesn't like me" is not actionble. Neither is harassment on some more specific but not illegal ground (e.g. "I want you to quit so I can promote my friend"; "I give preferential treatment to my buddies and treat everyone else poorly", "I hate Dallas Cowboy fans"). So, in order for HR or any any lawyer or court to do anything for your fiance, he'll have to identify the reason that he his being harassed and that reason will have to be an illegal one.
Unless he works for a company that has a strong and active HR Department or where the company truly values employees, it is not likely that a report to HR will do any good and it may do harm. If he can't get transfered to another department within the company, he might consider using the rest of his time there to find a different job.
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.