At work a co worker has called me retarded, slow, stoned, and my 20 plus years of experience does not show in my work.

If your company has a human resources representative, call that person and repeat what you said here. Also, you really need to talk to an employment attorney, who can advise you of your rights and guide you through this situation. Do a search on to find one in your area. You should not have to tolerate those comments from your co-worker. Also, if your supervisor had not negatively commented on your job performance prior to you reporting the harassment of your co-worker and now is making you wash dishes, you may very well have a claim for retaliation. Your lawyer can advise you once he or she learns all the facts surrounding your situation.

Offensive words and labels may be rude and inappropriate in the workplace, but they are often not the basis for a meritorious legal claim. The conduct you report would only be actionable if you were being harassed because you are a member of a protected class of people. If you truly have a mental or emotional disability, or you are truly perceived to have such a disability, harassing you based on that disabling condition would be unlawful. Making you work in jobs that are under you is equally lawful as long as it is not harassment or retaliation based on a protected classification. Absent unlawful conduct, it is perfectly lawful for your manager to retaliate and to ignore your complaint. If you believe it can be established that the conduct you are reporting about is motivated by unlawful attitudes, then it is important that you locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site in the Find a Lawyer section, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers. Most employment attorneys who practice this area of law work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney. Good luck to you.

At-will employment is a doctrine in which an employee can be dismissed by an employer for any reason without having to establish "just cause" for termination, and without warning. The basis for this rule is that an employee may be similarly entitled to leave his or her job without reason or warning. This includes work hours, pay, policies and job assignments. In workplaces with a trade union and a collective bargaining agreement, if you have an employment contract, and in many public sector jobs, the normal standard for dismissal is that the employer must have a "just cause". Otherwise, subject to statutory rights, such as protections against discrimination and/or retaliation, the general principle is that an employee may be discharged without cause and without notice. If you believe that you are being discriminated against or retaliated against because you are a member of a protected category, you might benefit from consulting with an experienced employment law attorney and having them evaluate your case. The California Employment Lawyers Association maintains a list of employment law attorneys who represent employees against employers. Follow the link to: www.cela.org.

The law protects employees from being harassed because they are regarded as having a disability. OF course we don't know what is in your co-worker's head when the co-worker said these things. However, it is the kind of name-calling that can get an employer in trouble if the employer does not take appropriate steps to prevent it. While it may be difficult to prove what your co-worker was thinking, you may have a separate claim for retaliation. I agree with Ms. King that if you had no discipline (or only had unrelated discipline) before your made your report to HR, it appears your employer is retaliating against you for making a good faith report. Keep a log of any comments, adverse actions or other funny business, starting with the day the first adverse action took place. Write down the date, time, what was said or done, who said or did it, and any witnesses. Be sure to include any complaints you made to your boss or anyone. Keep your log at home, not at work, because you never know what will disappear. I know some of the remarks were made in the past; just do the best you can with the entries. I also agree with Ms. King that this is an issue that you should take to human resources. If your employer does not have an HR department, then take it to your boss' boss. Good luck in getting this properly addressed.