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    jeannie 68's Avatar
    jeannie 68 Posts: 4, Reputation: 1
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    #1

    May 4, 2013, 10:33 AM
    Name calling
    Can an employer call you names to other staff members at work? Such as fat slob or too old.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    May 4, 2013, 10:36 AM
    No, of course not - but is the question what can you do about it?
    odinn7's Avatar
    odinn7 Posts: 7,691, Reputation: 1547
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    #3

    May 4, 2013, 10:37 AM
    It's not nice but, yes... unless you have an idea of how else to handle it.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    May 4, 2013, 10:38 AM
    Yes they can, especially if there is truth to it.

    But, as Judy asks, what do you want to do about it?
    jeannie 68's Avatar
    jeannie 68 Posts: 4, Reputation: 1
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    #5

    May 4, 2013, 11:42 AM
    The boss calls all of staff names but not too there face. We are all fearful for our job because he is always referring to firing our coworkers to all of us at different times. What I want to know is how can we complain and protect ourselves from retaliation. Yes we want to do something about it.
    jeannie 68's Avatar
    jeannie 68 Posts: 4, Reputation: 1
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    #6

    May 4, 2013, 11:43 AM
    Quote Originally Posted by JudyKayTee View Post
    No, of course not - but is the question what can you do about it?
    Yes.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #7

    May 4, 2013, 12:06 PM
    I disagree with my colleagues - I don't think the employer "can" do this from a legal standpoint. You can quit and collect Unemployment based on this type of harassment.

    Of course, evidence is always the problem.

    And, no, it's not nice.

    Making any type of derogatory comment based on age in the US is a very bad idea.

    Do you want to report this behavior? You will probably lose your job if you file.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #8

    May 4, 2013, 12:13 PM
    You referred to him as your employer. That means he is the ultimate boss so there is nor upper level of management you can go to.

    So your choice is to find a new job, quit outright, or submit. You may be able to show that he created a hostile work environment and get unemployment if you quit outright. But there is nothing you can do to compel him to stop. There is no one you can complain to. You can try talking to your state Dept of Labor and see if there is anything they can do, but I doubt it.
    jeannie 68's Avatar
    jeannie 68 Posts: 4, Reputation: 1
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    #9

    May 4, 2013, 01:05 PM
    Quote Originally Posted by JudyKayTee View Post
    I disagree with my colleagues - I don't think the employer "can" do this from a legal standpoint. You can quit and collect Unemployment based on this type of harassment.

    Of course, evidence is always the problem.

    And, no, it's not nice.

    Making any type of derogatory comment based on age in the US is a very bad idea.

    Do you want to report this behavior? You will probably lose your job if you file.
    What if there's proof and I don't want to quit or lose my job?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #10

    May 4, 2013, 01:10 PM
    Quote Originally Posted by jeannie 68 View Post
    What if there's proof and i don't want to quit or lose my job?
    See my last reply. Other than going to the Dept of Labor, I doubt if there is anything you can do. This man owns the company. If he wants to be a bastard to his employees there is little to stop him.
    smearcase's Avatar
    smearcase Posts: 2,392, Reputation: 316
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    #11

    May 4, 2013, 01:36 PM
    EEOC sometimes takes on discrimination cases (age is one of the factors) but it must be a workplace that employs at least 15 employees in the workplace and one other non-EEOC site claims that there must be at least 20 employees for age discrimination laws to be enforced by the EEOC.
    Discrimination of very certain types have to be proven by evidence.
    Remedies
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #12

    May 4, 2013, 06:42 PM
    All of the employees will need to get together and all go as a group to the head boss or a HR department, with the proof.

    Most name calling is not protected and if a person is a "fat slob" they may be called that.

    The AGE issue, since age is a protected issue. But calling you old, (if you are) may be OK,(not sure) if they don't treat you different,

    Seems they treat all the same, young and hold, by calling everyone names.

    So why not just trade or change jobs
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #13

    May 5, 2013, 06:34 AM
    Quote Originally Posted by Fr_Chuck View Post
    all of the employees will need to get together and all go as a group to the head boss or a HR department, with the proof.
    The OP refers to her "employer" doing this. I suspect this is a small business and there is no one above the person doing this.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #14

    May 5, 2013, 07:43 AM
    Also see my reply which I thought addressed the "report it and lose your job" question. Again, you can make inquiries into whether a Government agency is interested. At any rate if you file a complaint, be prepared to be terminated.

    NY State, for example, has an arm of the Government which handles these complaints. It's not necessariy the EEOC.

    For that matter, why not find other employment... and leave this environment which obviously has you uset.

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