The most common scenario where my office declines a potential employment law case involves what I refer to as “Bad Boss Law.” Bosses (i.e. managers, supervisors, owners, human resource professionals, etc.), being people, can sometimes be abusive, hostile, irrational, arbitrary, etc. Sometimes the decision to terminate an employee can be made in a wrongful, arbitrary way, based on wrong facts or false assumptions.
Are these bosses opening themselves or their employers up to a lawsuit? This is where Bad Boss Law comes in. No, you cannot sue your boss because he is “bad,” unless his “bad” actions or conduct are based on some illegal reason like mental or physical disability, race, religion, gender or sex, for example. Another common basis for a wrongful termination action occurs when an employee reports or tries to stop the employer from engaging in illegal conduct, i.e. whistleblowers.
If you are an employee thinking you have been wrongfully terminated or harassed, ask yourself this question: Why do I think what happened to me was wrong in the eyes of the law? If it is because your boss is just a jerk (or some other expletive), there is no law against being a bad boss. But if your employer took action against you or allowed you to be subjected to harassment based on a physical or mental disability, gender, race, religion, sex, etc., then you may have a case and should consult an attorney promptly.