Legal Question in Employment Law in California
is saying "fuck you" directly to an employee from a superviosr harassment
Asked on 5/05/11, 3:38 pm
3 Answers from Attorneys
Robert F. Cohen
Law Office of Robert F. Cohen
It's crude, but expressive. Bosses are given leeway to be jerks, and such comments don't engender goodwill among employees. But it's not actionable unless it's meant in a sexual way.
Answered on 5/05/11, 4:02 pm
Terry A. Nelson
Nelson & Lawless
Of course. But simple harassment is not 'illegal'. If it can be interpreted as a form of sexual, racial, ethnic or other discrimination or harassment, then it would be actionable. It would certainly be grounds for termination of the speaker as bad attitude and bad conduct by an 'at will' employee.
Answered on 5/05/11, 4:13 pm