Asstitant manager

[Pash]

Jurisdiction

New York

Hello, I have been having issues at my job where I feel as if I am being Targeted by my assistant manager. This had got to a point where she verbally attacked me and tried to physically attack me. There were witnesses when this situation occurred. I reported this and have proof that I did to her boss and nothing was done . She has a lot of her friends and family who are affiliated by marriage working in the facility. One of them came in on the morning of July 15, 2020 verbally attacking me and there are witnesses to this as well. Management decided to suspend me and not the other person when I was the one attacked and telling me I am not allowed to contact anyone. My assistant manager then called another co worker trying to tell them that I called there name in the middle of a disagreement In attempts to cause an issue there as well . I feel as if she is continuously targeting me in hope of trying to terminate me. I have never had a write up.

 

[PayrollHRGuy]

If you are physically attacked or threatened with violence it is a criminal issue and you should report it to the police.

Do you have any idea why your assistant manager has it out for you?
What exactly has she "verbally attacked" you?

Have you started looking for a new job?

 

[Pash]

She attempted to physically attack me and another staff jumped in front of her. She has it out for me because I was suspended for a co worker physically attacking me I reported her numerous times also other staff did too. They waited until she assaulted me to act concern. My assistant manager knew that I could not get into a physically altercation with any one or I would be terminated and she still attempted to attack me because she was upset that when I came back to work I asked for my regular schedule back, she denied me so I went to higher up because there rules are I am entitled to my regular schedule and it was granted to me . Yes I have been looking for a new job for a few weeks now because I felt as if I am working in a hostile environment. When she verbally attacked me she was calling me stupid and telling me I'm an idiot and continued to yell when I said she was being unprofessional and I was going to report her.

 

[Zigner]

Did you have a question?

 

[PayrollHRGuy]

First I do feel sorry for you but you have written nothing that would show the issues have anything to do with you being in a protected class. So there is really very little the law can do for you.

If you quit you will have a problem getting unemployment but there is a chance you could overcome that problem with the proof you say you have of the workplace issues.

 

[Pash]

Yes I wanted to know if I had a law suit being the fact that I have proof that I am being targeted and witnesses if I was ever fired not by my own fault . Would that be considered wrongful termination

 

[Zigner]

Suspending you and/or terminating your for becoming involved in an altercation with another employee is not, in and of itself, wrongful termination.

The fact that you have been previously disciplined for being involved in an altercation with another employee doesn't help.

 

[Pash]

Yes but there rules are if one is suspended the other should be as well so why just me and in both cases I was not the one in the wrong and there are witnesses

 

[cbg]

A wrongful termination has a very specific meaning. Based on what you have posted no, terming you would not be a wrongful term under the law. I do not discount the possibility that additional facts might change the answer, but not on what we have now.

 

[adjusterjack]

Yes but there rules are if one is suspended

One of them is if you are suspended without pay you immediately file for unemployment compensation.

 

[zddoodah]

The overwhelming majority of employment in this United States is "at will." That means that the employee may legally quit at any time and for any reason, and that the employer may legally fire the employee at any time and for any reason that is not expressly prohibited by law.

"Wrongful termination" does not men that the employee was fired for some subjectively unfair reason. Rather, it means that the employee was fired for an expressly illegal reason. The majority of wrongful terminations are because of the following: (1) discrimination based on race/ethnicity/skin color, gender, religion, etc.; (2) sexual harassment (i.e., refusal to give into a sexual/romantic overture); and (3) retaliation for reporting something illegal or unlawful. Please take note that I did not mention an employer's failure to adhere to its own policies as a basis for wrongful termination.

The primary exceptions to at will employment are the following: (1) the employee and employer have a written contract that limits the employer's ability to fire the employee; (2) the employee is a member of a labor union that has a collective bargaining agreement with the employer; and (3) the employee is a civil servant. Do any of these things apply to you? If not, then nothing you described would be wrongful termination. However, as others explained, a physical attack or attempted attack is a crime.