A legal question

[dsc]

If an employer allows a boss to bully an employee to the point they quit, including but not limitted to selective enforcement of policies, what recourse does the employee have if

A) the reason for the bullying was personal animus.

B) the reason for the bullying was that the boss didn't like pretty women but the boss in question is also a woman.

This type of thing happened to a relative of mine and I am wondering what her recourse might be. State involved is Ohio.

On edit She is going to a lawyer and I have told her to get the advice and move on but I am also curious what, if any, recourse a person has in this situation.

[The Velveteen Ocelot]

1. Better contact a lawyer who specializes in employment law.

These situations are difficult, complicated and hard to prove. Don't rely on free legal advice from a message board, any more than you would for medical advice.

[taterguy]

2. Ask lawyers legal questions

The advice you get here will be worth what you pay for it

[Fed_Up_Grammy]

3. My advice would be to just move on.

[napi21]

4. There's most likely NOTHING the employee can do.

I'm NOT a lawyer, but I worked with a lot of HR situations with the advise of lawyers. There are very few discrimination cases that are illegal. Race, religion, sex, and age.

If the "abusive boss" was also a woman, that would negate the sex discrimination.
You didn't reference any of the others, therefore, the best thing to do would be to find another job with a better work environment.

[Red_Viking]

6. Same sex discrimination is still discrimination

See ONCALE v. SUNDOWNER OFFSHORE SERVICES, INC., et al., 523 U.S. 75 (1998)

Believe it or not, Crazy Tony wrote the opinion that says same-sex harassment exists and is actionable.

I'm an attorney but not an employment attorney, and I'm in Oregon. But, she should definitely get some legal advice.


Peace,

RV

[napi21]

7. Yes it is, and you're right about her getting direct legal advice,

but same sex discrimination is even more difficult to prove than the standard cases are.

[no_hypocrisy]

5. Constructive termination.

A doctrine that recognizes that technically although you quit, it was the same effect as being fired based upon the actions and words of the employer. When you are forced to quit due to a bullying boss and you can't seek any assistance at your employment, this situation falls into this doctrine.

http://employment-law.freeadvice.com/firing/conditions_intolerable.htm

[dsc]

8. That might be a great theory for her

I am hoping it works out one way or another.

[no_hypocrisy]

10. Trust me, it works. I got unemployment for 26 weeks after I quit my

job b/c my boss hit me. Sure, he lied to the claims division when she called, but she believed me and I got the deserved benefits.

[dsc]

11. She already has another job

so UNE isn't the problem.

[I work for workers]

9. From my experience, I'd advise they don't do anything

except try and find someone for a reference. Even in these situations management tends to stick together, and the higher ups always have "good reasons" for their behavior. It's not worth the time or money to try and fight it, especially if she quit.