Manager wants me fired
I have a question concerning a hostile manager. When this person first came to my department two years ago, I was a second shift operations supervisor and had been one for seven years. This man was my superior. Due to some misundersatanding in the work area he began a campaign to force me from my position as a supervisor I was given written reprimands almost daily and no matter what I did it was always wrong.
When I went to our on site human resources I filed a complaint and wrote two rebuttles in answer to the reprimands. An informal hearing was set up and I hired an attorney to accompany me because this man tried to intimidate me and cause me to lose my job. In the end and after seeking help from a psychiatrist for depression I decided to take the demotion to escape his abuse.
This individual still has a reign of terror going on in our department. People actually hide from him so they don't have to deal with his demands or even speak to him.
My question: Is there any action (lawsuit) we or I can take against this individual for all the stress and emotional trauma he has inflicted on so many?
Answers (1)
The law is flawed by numerous gags in the remedies it gives for obvious harms. Emotional pain and suffering caused by the abusive boss is one of them. Generally speaking, you cannot recover money damages under the circumstances that you describe, unless you prove that the harassment was for an unlawful reason, such as your age, gender or race.
The exception to this rule is if the boss's conduct was so outrageous that it meets the legal standard of an "intentional infliction" of "emotional distress" that is "severe." If you described to a stranger on a park bench what your boss and the stranger sat up and said "that's outrageous," you may meet the standard of "intentional infliction." To be "severe," your emotional distress should be at least partially debilitating.
I have met with many employees abused by their bosses. Many had, in my opinion, severe emotional distress. The hard part to prove, however, is the outrageous nature of the boss's abuse. Where a boss screamed inches from the employees face, at one point slapped her, made her and another employee cry, a jury might find outrageous conduct. In most cases, however, the boss can be quite abusive without going over the outrageous line. For those, the law offers no meaningful remedy. That, in my view is a real problem.
Regards,
Neil.
posted by Neil Klingshirn | Apr 16, 2003 09:31 AM [EST]
Answer This Question
Sign In to Answer this Question
Related Questions with Answers
Contact Neil Klingshirn
Neil Klingshirn
AV rated Super Lawyer and Employment Law Specialist
Independence, OH
Phone: 216-382-2500