Legal Question in Employment Law in Tennessee
Public Humiliation at Work
Is it legal for an employer to yell & scream at an employee at work in front of other employees & co-workers. Example: ''Just shut-up, I don't want to hear another word from you, I meanit I said Shut up''? There have been several times that she has screamed out or talked down to myself & other employers in front of other co-workwes, in fact to the point that a few have just walked off the job nad quit right there. Can a law suit be brought against the company for what this person is doing? Also her husband, who is not employed there, pushed me out of the office one day. I am 58 yrs old & need my job because i need insurance. I am always on edge when at work, scared i will do something wrong and she will start screaming again, I have lost almost 30 lbs of weight in the past 6-9 months.I would appreciate an answer to these concerns.
2 Answers from Attorneys
Re: Public Humiliation at Work
Tennessee is an employment at-will state. What this means is that if your supervisor is yelling at you because she is bully and for no other reason, it probably is lawful. However, if your supervisor is subjecting you to the yelling because of your age, race, national origin, or some physical condition that would constitute a disability, then it would be illegal.
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Re: Public Humiliation at Work
Tennessee is an "at will" work state, meaning employees can be fired and hired at the will of the employer. Conversely, workers can walk out on jobs at will as well.
The best solution for unhappy workers is always, always to vote with your feet: pick up and move and find a new job. If that is impossible at age 58, then you will have to weigh the balance of your deteriorating health from staying on the job vs. loss of your health insurance.
Someone yelling at you at work does not fall into one of the well-accepted torts for which courts will hold a person liable. Free speech implies a certain amount of leeway to vent frustration.
If you can free yourself from the serfdom of having to work for that employer, then you will have the luxury of telling off your boss in front of a large group of employees. Alternatively, you could file a harrassment lawsuit, but as soon as you do, you can anticipate your employer will fire you.
I wish I could give you more positive news, but you really need to consider your alternative employment options -- even if it means working somewhere else for less pay. You need to have a plan in case you are let go in the future.
Mike Guth
http://riskmgmt.biz/prose.htm
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