Is This Harrassment, Discrim. Or Both??

I am currently employed by a staffing company 1500 miles away. I work in a skilled nursing facility in California, and my employer is in Louisiana. I have never met my "boss", who in reality, is a recruiter who gets 25% of my hourly wage. His company states that they view their therapists as valued assets, but this man treats me horribly. I travel two hours each direction to happily provide service to this facility. I have had to call in on a few occasions, but have always made up for the time on the weekend. My boss has called me every name in the book, profanities, threatened to report me to the board and take my license away, for what??? I do not know. He is verbally abusive and I feel treats me differently than his other employees. He knows I suffer from depression and am the sole support for my family. I had a friend call and kindly ask him not to address me in such a horrible way, and not to use profanity, it is not professional. My boss called me a "screw up", and that he could say anything he wanted to me, then he hung up on my friend, a potential client I was initially going to refer. Unfortunately, this person owns the company. I feel he probably treats others like me, and it's not right. I have emails and voicemails with his threats and harrassment all over. Please someone, this is a textbook case. Help!!!!

"help" with what? Both States are "at will" employment States, and there's nothing in the laws of either State that says an employer can't be an idiot. All you've given us are generalities, like "I have emails and voicemails with his threats and harrassment all over." That statement says absolutely nothing.

In summary, and since both States are "at will" employment States, all you can do, and based upon what you've written, is quit and find a new job - that is, unless you're under contract to the company. Then, you should seek the assistance of an attorney to determine if there has been a breach of that contract.

I know I didn't give much information, but I really appreciate your response. I have another post, dated 10/26/06, entitled "wrongful termination, caused loss of income......". I have a lot more information on that issue and that one is the one I really would like help with. In researching this topic, I found an area of employment law, interfering with an employer/employee relationship and causing loss of job due to this interference. I read the criteria and my situation meets it and more. I've never done this before(posting info), so I may not be giving the most pertinent info, but please help, I really think my main situation is worth investigating.
Thanks, Jenny

Agee with Westside law, Nothing and I mean NOTHING you have posted even hints that anything illegal took place. Unless you are willing to provide more detail as Westside Law suggested then you have no case.

Thank you for responding. I have decided not to pursue the discrim. case but rather the wrongful termination/ major loss of income......did you have a chance to look at that one?

"Wrongful Termination" based upon what? Be extremely specific.

Give me your facts and reasons like this:

1. Facts and reasons

2. Facts and reasons

3. Facts and reasons

Then, give me the State name where all of this took place, and the State name of all other parties.

It seems to me that this is a tort you are describing. Check into the three following torts: outrage, intentional infliction of emotional distress, negligent infliction of emotional distress. Good luck. It would be an employment discrimination case if you can show that there is harassment and/or discrimination based on your race/color/religion/national origin/*** and or disability.

There is NO such "cause of action" called "Outrage." A "cause of action" allegation MAY be "outrageous" requiring "punitive damages", but "Outrage" does NOT stand on its own as its own Cause of Action. Also, unless you have a legally cognizable "cause of action", intentional infliction of emotional distress, and negligent infliction of emotional distress are not "causes of action" in and of themselves - they are a part of "damages" which are allegations included in a cause of action. They do not stand by themselves.

So, our writer would have to be able to allege a Cause of Action under Title VII, or some other statute, and THEN allege within that Cause of Action the allegations of intentional infliction of emotional distress, and/or negligent infliction of emotional distress.

Check out Washington case law and you'll find that these torts exist. Also, if you were to file a Title VII case, you do not need to allege intentional and/or negilgent infliction for emotional distress. Upon proof of discrimination under Title VII, damages for emotional distress are available automatically because discrimination is an intentional tort. Howver, there are caps on damages under Title VII. Therefore, including seperate causes of action, such as outrage, negligent/intentional inflcition of emotion distress would be advantageous in seeking greater damages (that is, if the facts enable you to plead these seperate torts) Check out interesting case: Brower v. Ackerly, 88 Wsh.App. 87.

"Damages for mental and emotional distress are generally available merely upon proof of an intentional tort such as assault." Brower v Ackerly, 88 Wsh.App. at 92. Also, "...the law's recognition of infliction of emotional distress as an independent basis for tort liability is relatively new..." Id, at 96. And, "It is only within recent years that the rule stated in this Section has been fully recognized as a seperate and distinct basis for tort liability, without the presence of the elements necessary to any other tort, such as assault, battery, false imprsionment, trespass to land, or the like" Id, at 97.

What do you think?

EDIT: From the above case, it seems that intentional infliction of emotional distress is the same as the tort of "outrage."