My supervisor vebally assaulted me calling me a d i c k, and ******, amoungst other things because I reported him to my manager for leaving 15 minutes without coverage, which I AM supposed to do. He then set up a sting with a friend of his and took a picture of me without my consent with my feet up and gave me a write up for it. It was clearly an act of vengeance. Keep in mind, that I am in front of computer monitors all shift, and it's very difficult to stay comfortable there. Can I sue?
2006-12-13 20:20:02 · 11 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Got witnesses who will testify. Have you documented or recorded each incident? Go to a lawyer and see if the firm will take the case
2006-12-13 20:28:01 · answer #1 · answered by Anonymous · 0⤊ 0⤋
I am having a little trouble understanding this.
You reported him to your manager "which I AM supposed to do"
Does this mean you are supposed to report him if so then why is he your supervisor, if you are supposed to give the coverage then this is a case of give and take and you ask him to cover when you want to leave early.
Many people in a position of some power have a tendency to abuse said power by shouting and cursing at their subordinates, the main reason being that they may know the ins and out of the work but not how to manage people.
I would ask to speak to your supervisor, in private, and explain that you are not paid to "supervise" and you resented the fact that he punished you for his shortcomings.
He does not need your permission to photograph you in the workplace, but he may need the permission of the company to photograph company premises.
If you are in front of a computer for your full shift then you need to point them towards the safety at work regulations that recommend that you have a break every hour to prevent RSI.
2006-12-14 05:34:21 · answer #2 · answered by Bladerunner (Dave) 5 · 2⤊ 0⤋
You can sue, but unfortunately you won't win. The suit would be Intentional Infliction of Emotional Distress. Requirements are "outrageous behavior," (generally interpreted as "beyond all bounds of acceptable behavior"), and "severe emotional distress" (which always always requires such severe distress that there are clear physical manifestations or injuries).
Unless you're in a very plaintiff-friendly jurisdiction, it's unlikely that you'll meet either requirement on the facts described. It may seem like you could have an argument for the "beyond all bounds..." requirement, but it's an extremely high bar that isn't met just by general obnoxiousness.
2006-12-14 04:31:48 · answer #3 · answered by sam 2 · 0⤊ 0⤋
we live in quite a litigious society, don't we? why would you want to sue your supervisor? first, be clear as to the definition of assault. i would think that assault will involve you apprehending some harm done to yourself. well, is that the case? i think it is more abusive than it being an assault. at any rate, i believe you should bring up your grievances to your manager. but if you think you can't lose the job and the only other way is to speak to your supervisor, speak to him man-to-man.
2006-12-14 04:39:47 · answer #4 · answered by counterculturalist 3 · 0⤊ 0⤋
You have no case. Any judge or jury would agree with your supervisor. Only someone who was a dick or an assh0le would rat somebody out and then complain when they're caught doing something they're not supposed to.
2006-12-14 04:41:19 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Find a complaint against your supervisor for verbally abusing you. The offense that he committed is verbal assault and he could be administratively charged of the said offense. If you want, the crime of oral defamation can be filed against him in court if you want.
2006-12-14 05:05:39 · answer #6 · answered by FRAGINAL, JTM 7 · 0⤊ 0⤋
Im not sure about sueing. I do know that the Police can be contacted for this, he'll just get fired though... whats your manager doing?
2006-12-14 04:28:37 · answer #7 · answered by skalagix 2 · 0⤊ 0⤋
Do you have proof that he verbally assaulted you? You cannot sue for him taking a picture of you, sorry. But if he verbally assaulted you in the workplace, yes you can sue, as long as you have evidence. If you can sue for sexual harassment, you can sue for verbal abuse.
2006-12-14 04:28:51 · answer #8 · answered by His Angel 4 · 0⤊ 0⤋
Report it to HR, What i'm saying is start a paper trail, you will need to do this before you can sue your company.
2006-12-14 04:51:21 · answer #9 · answered by SSDD 3 · 0⤊ 0⤋
Not for feet up you did it, unless you were following his orders
Ask a lawyer in your jurisprudence.
He doesn't need your permissission to photograph you screwing up at work.
2006-12-14 04:36:47 · answer #10 · answered by Sid B 6 · 0⤊ 0⤋