Abusive Work Environment - is there anything I can do?!
Hello,
I am a full time non-exempt employee that is paid hourly. I have been working for this company in Philadelphia for almost 2 years now. Since the company has expanded and the owner brought in her family to help run the company, myself and the only other worker paid hourly have been yelled at, shouted at, and screamed at; gotten hostile glares and other intimidating gestures; behind-the-back put-downs, insulted, and unfair criticism; and the deliberate sabotage and undermining of each other's work performance. Our hours have been cut substantially. My co-worker also asked them about being paid over-time (time and a half) as we were both working over 100 hours in a 2 week period because they did not have any one else to work 12 hour days, they told her that they legally didn't have to pay it but behind closed doors told me that they couldn't afford to pay it. Her hours were then cut and mine are being cut right now. I am doing everything I can to find a new job but in the mean time I am having severe anxiety about having to go into work each day that I am scheduled. Does anyone think myself and my co-worker would have any legal standing against them? I have not sent a complaint into the Dept of Labor because once they start the investigation, I know my name will be put out there and would probably be fired (although they would say that they fired me because of my work or some other reason). Thank you.
Answers (1)
That being said, a hostile work environment, by itself, generally does NOT create a legal claim. If the hostile work environment is based on your gender, age over 40, race, religion, disability, etc., then it may create a legal claim.
If you are not being paid at an overtime rate of time and a half for hours worked over 40, you may have a claim for the unpaid overtime, plus a doubling penalty, and your attorneys' fees. If you are fired for bringing an overtime claim, you would have a claim for retaliation and/or wrongful termination in violation of public policy. The retaliation claims are frequently easier to prove than the underlying wage or discrimination claims.
The anxiety you are experiencing is a normal reaction to a bad situation; I have seen this reaction in many of my clients. Regardless of whether you have a legal claim, it is clearly in your best interest to find a new job.
If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.
/Christopher E. Ezold/
The Ezold Law Firm, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
www.ezoldlaw.com
posted by Christopher Ezold | Jun 13, 2011 08:44 AM [EST]
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