Employment Law Questions

aevans

Is it illegal for your supervisor to verbally reprimand you and then go tell your co-workers about it, especially when you supervise one? Is it slander if he makes comments to the co-workers like, "that's no excuse, she's immature and needs to grow up and learn how to deal with things and step into reality."? Is it harrassment if your supervisor makes derrogatory comments about another co-worker to you and calls them profane names?

Thanks for your help!

WT

It is unprofessional to reprimand any person and then go and gossip about it. As far as slander, that is a legal matter. Generally truth is considered a defense in such cases so if what is being said is not false, there would be less chance to take action. Motivation also comes into the picture. It is unlawful to make the workplace hostile for reasons of race, religion, national origin, gender, or other reasons recognized by Title VII.

Gillian

No, it is not illegal for a supervisor to gossip about reprimands, it's just plain stupid and the mark of an untrained supervisor. The remarks could cross over the line into a defamation issue but an attorney could answer that question. As far as the use of profanity when discussing the employee with someone else, it could cross the line into harassment (sexual, racial, etc.) if the commentary fits these categories and if the person hearing it is offended by it. That, too, becomes a legal question.

Theresa Gegen TX

Companies have gotten into legal trouble because the supervisor told employees about another employees susposed wrongdoing.

An employee could sue (and they have before) for defamation. Of course to be defamatory, the statement must be false. But companies reprimand employees all the time for things that they cannot 100% prove, so claiming that it is false is no problem.

As for whether the facts you have stated are "harassment" -- that is a very fact sensitive issue. It will depend on the motivation and whether there is any protected classification. (were the comments made, for example, because the employee is a female). However, even if the comments are not "harassment" under the law, the employee should look at the company policy, which is probably broader than the law, and may give them some internal redress for the situation.

Good Luck!!