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Berating and Related Questions

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When someone tries to embarrass someone publicly, it is called berating. It can cause a very uncomfortable work environment for many people. This situation can be aggravated especially if the person who is berating is the employer. Many people may be unaware of their rights in such situations and may have many questions about them. Given below are some of the important questions about berating that have been answered:

If an employer berates an employee daily, will it be considered legal?
There may be no state or federal laws that may prevent an employer from berating an employee daily. If the employee uses language against the employee's age, race or gender then, it may be considered to be a violation of the discrimination laws. The employee may not be able to sue the employer for being rude but can sue the employer for emotional distress. One may file a personal injury lawsuit against the employer.

One employee of the company berates other employees and the supervisor encourages such behavior. Can the berated employees file a lawsuit in such a situation?
The employee may be able to file a lawsuit if he/she can prove that the supervisor is encouraging the behavior of the other employee. The individual may file a complaint with the human resource office. It can be helpful if the other employees also give witness accounts of the incident. The individual may file a harassment lawsuit against all the people involved if the human resources office does not help.

If the supervisor berates an employee after work hours, can the employee sue the company?
In most situations, berating by an employer may not be considered to be illegal unless it is on the basis of gender, race, age or disability. The individual may have to resolve the problem within the company by filing a complaint with the human resources department. However, any decision will be at the discretion of the human resources department.

Can an employee sue the company for writing him/her up and berating him/her while not doing the same to other employees?
One may have a lawsuit against the employer if the employer violates the company policy. For example, if the policy of the company states that one has to reach a certain percent of work every day and the employer writes him/her up in spite of reaching that percentage, then it may be considered a violation of company policy. In such a scenario, the employee may be able to sue the employer for breach of contract.

Is it possible for an employee in Louisiana to sue the employer for discrimination and berating?
Louisiana is an at will employment state. As a result the employer may be able to do whatever he/she wants like being rude, unprofessional or berate an employee. The employer's actions may not be considered illegal as long as they are not on the basis of age, gender, race or disability.

Being berated by an employer can be a very humiliating experience for an employee. One may have many questions about one's rights and what actions one may take in such situations. One may ask an employment lawyer if one needs more information about berating.

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