Legal Question in Employment Law in Georgia

the owner of my company calls employees retarded and other insulting names. he also refers to himself as God. he cusses out everyone from management to servers has put his hands on employees such as poking in the chest and makes sexual comments to the female and male workers. what would be the best way to handle this problem

Asked on 4/14/13, 4:49 pm

1 Answer from Attorneys

Michael Caldwell DeLong, Caldwell, Bridgers & Fitzpatrick LLC

Quit. That is the best way to handle this problem,

But, as to possible legal claims . . .

When he offensively touches you, you could charge him with assault and battery (a criminal charge) or you might even sue him for that under state law. The damages are likely to be quite limited however.

His "sexual comments to male and female workers" would not be a basis for a sex harassment claim because he is an "equal opportunity harasser." Sometimes this is called the "Vince Lombardi defense" (he was awful to everybody not just to females or or males). Of course if he only makes demeaning sexual remarks about one sex or the other it is a different matter and could serve as the basis for a sex harassment claim (provided the comments are objectively offensive (to a reasonable person) and his conduct is so frequent that it becomes a part of the working environment or so serious that it unreasonably interferes with your work.

However these are long-term solutions. Litigation is likely to take tw years or so. This job doesn't seem to be worth the effort to get a legal remedy--even if you were able to get an attorney to take the case on a contingent fee basis.

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Answered on 4/15/13, 9:19 am

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