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My Boss is setting me up for termination. Is this illegal?

Updated: Jul 26, 2022

If you think your boss is setting you up for termination, you may be wondering if this is illegal. Unfortunately, there is no easy answer to this question. Every situation is different, and it can be difficult to determine whether or not your boss has crossed the line.


In this blog post, we will discuss some of the things you should consider if you believe your boss is setting you up for termination. We will also provide some tips on how to protect yourself in case this happens.


Unpleasant Work Environments Aren’t Always Illegal

It is important to note that just because your work environment is unpleasant, this does not always mean that your boss has done something illegal. In fact, many employers are allowed to create a hostile or uncomfortable work environment, as long as their behavior does not cross the line into harassment or discrimination based on a protected class (race, national origin, sex, gender, sexual orientation, pregnancy, disability, age, religion, etc.) or based on a protected activity (your complaint about something illegal).


For example, many employees deal with rude co-workers and grumpy bosses. While this can make work a chore, it does not rise to the level of unlawful behavior. There is nothing illegal about a boss being a jerk to you based on a personality conflict. However, if you are facing a hostile work environment on a daily basis based on a protected class or protected activity, you might just have a legal claim.


What Constitutes a Hostile Work Environment?

A hostile work environment is a situation where an employee is subjected to unwelcome conduct that is based on their protected class (i.e., race, national origin, sex, gender, sexual orientation, pregnancy, disability, age, religion, etc.). The conduct must be severe or pervasive enough to create a hostile or abusive working environment.


Some examples of behavior that may constitute a hostile work environment include:


● Verbal abuse,

● Physical assault,

● Sexual harassment,

● Racial slurs or insults, and/or

● Differential treatment


If you are experiencing any of these things at work, it is important to speak with an employment lawyer. They will be able to help you determine if your situation meets the legal definition of a hostile work environment.


What to Do If You Suspect Your Employer is Breaking the Law

There are a few key things to keep in mind if you think your boss is setting you up for termination. First, it is important to gather evidence. This includes documenting any incidents that occur, as well as talking to other employees who may be able to corroborate your story. Do your best to maintain your own paper trail.


You should also speak with an employment lawyer to get a better understanding of your rights and options.


My Office Can Advise You of Your Rights

If you believe your employer has crossed the line and broken the law, contact my office for a consultation. We’ll help you determine if you have a viable claim, gather evidence, and hold your employer accountable for any wrongdoing.

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