Legal Question in Discrimination Law in Maryland
Hostile Work Environment - legit claim?
I have been employed for the same company for almost 8 years. My employer has been becoming increasingly abusive, oppressive, controlling, and hostile toward me.
In March, I was absent for one day due to an illness, and my boss sent me an email that was very threatening to me. While I thought we �cleared the air� on the matter, it has arisen after I was absent for an illness in which my 3-year-old daughter was hospitalized for a potentially deadly bacterial infection in her blood stream. In an email, my boss advised me that due to my daughter�s illness, I was -11 hours on leave and that my pay would be docked. He further stated that I could take as much time as I needed. My daughter was hospitalized from 10/15 to 10/22. I returned to work for � day on 10/25 and advised in an email that I �tomorrow was up in the air''. I was stressed from the harsh reality that I could have lost my daughter. Rather than my boss being the slightest bit compassionate, he called me in his office and continued to intimidate and verbally abuse me. When I made the statement, �my daughter almost died;� his response, ''well she didn't.'' I resigned - last day 11/30.
I have supporting emails. Do I have a case for hostile work environment?
1 Answer from Attorneys
Re: Hostile Work Environment - legit claim?
I decided to try and analyze your question by trying to look beyond all the adjectives and try to see what you are saying your boss actually DID to you.
1. He sent you an e-mail that was "very threatening to you." That implies that you were viewing it subjectively--i.e., it was threatening "to you." That may or may not mean anything. It depends on what was said in the e-mail, which you didn't provide.
2. Next e-mail, boss docked your pay for your absence. You don't say this was an incorrect action.
3. He told you you could take as much time as you needed. Seems to me that's pretty accomdating on his part.
4. ...Boss was not compassionate. I don't think they're supposed to be "compassionate." They're supposed to do their work in a professional manner.
5. He "continued to intimidate and verbally abuse" you. Again, no objective factual description of what happened.
6. You said, "My daughter almost died"--why?? Trying to lay a guilt trip on your boss? Elicit sympathy? Making conversation?
7. Boss replies: "Well she didn't". That comment seems purely factual to me. Sounds like you're mad because the boss didn't play along with your pity party.
8. You resigned. You don't say why you resigned. You don't say what the supporting e-mails say.
I can't tell whether you do or don't have a case from your question. But it doesn't sound to me like it's your boss's fault that your daughter is very ill, and that you had to miss a lot of time off from work for that.
What did you expect your boss to do, by the way? Surely you don't think he has an obligation to sit around and sympathize with you. I mean, it would be nice if he did...but I can't tell what it is you think your boss should have done different in the situation you describe.
You need to hire a lawyer to determine if you have a case.
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