Last time, I mentioned several situations where bad behavior at work was illegal. But lots of times, a work situation can be toxic without discrimination or sexual harassment being involved. Sometimes a supervisor or a coworker is just a toxic person who likes to make everyone in the workplace a bundle of nerves. Sometimes a supervisor might single out an individual to abuse, not because of the person's race or gender, but because of personality, jealousy, or any number of reasons real or imagined. Aren't these examples of hostile work environment? Isn't that illegal?
Hostile work environment is illegal, but only if the hostility targets one of the categories mentioned in the last post. On the other hand, hostility by a hot-headed boss toward an introverted employee is not illegal per se. That said, depending upon the type of behavior, it is possible that a supervisor or coworker could be breaking the law. Some other types of law-breaking include:
1. Defamation. If a supervisor or coworker says something about you that is untrue and it causes damage to your reputation, he or she could be liable for defamation. The untrue statement can be spoken or written, but must be said to at least one other person to be "published."
2. False Light. If a supervisor or coworker implies something false about you that would be considered highly offensive to a reasonable person, and that implication is made public, then he or she could be liable for false light.
3. Intentional Infliction of Emotional Distress. If a supervisor or coworker intentionally engages in reckless or "extreme and outrageous" conduct that causes you emotional distress, he or she could be liable for intentional infliction of emotional distress.
4. Assault, Battery, and/or False Imprisonment. Things would have to be pretty bad for one of these to be applicable, but it's not impossible.
5. Breach of Contract. If an employer's bad treatment violates terms and conditions of your contract, your employer could be liable for breach of contract.
Also, if the supervisor "punishes" you by denying you wages or vacation, despite no evidence of wrongdoing on your part he or she may have violated a number of federal and California labor laws.
Suppose you think that your boss's behavior is wrong, but are not quite sure it is illegal. Here are some possible options:
1. Document Everything. Even if you don't know, you can always keep a journal of what was said and when. That way, you have recorded a pattern of behavior that at the least, could be used as records for internal discipline and at most, could be the basis for a lawsuit.
2. Check Your Company's Policy. Usually before you contemplate filing a lawsuit, it's a good idea to try to resolve the issue internally. You could check your company's policy on reporting abusive behavior, and/or speak to someone in the HR Department. The policies in place may allow you to report bad behavior without revealing yourself/exposing yourself to possible retaliation. If there are no policies in place, and you don't feel safe reporting the bad behavior to a supervisor, you should consider speaking to an experienced Bay Area employment law attorney.
3. Don't Lose Your Cool. Regardless of the type of treatment, it is important to remain calm and professional. If you blow up, it becomes easier for the supervisor or coworker to portray you as the malcontent and instigator.
4. Don't Let Your Work Slip. A lot of people respond to prolonged abuse by missing workdays or performing poorly. Though you might need more time off to recover your health, it is important to do it within permissible bounds. Otherwise, the supervisor and/or coworker might find it easier to challenge your credibility.
Some employees may find that there are no good internal ways of dealing with the problem, and thus proceed to a lawsuit. Other employees find that no matter how terrible the boss, his or her behavior does not meet the illegal threshold. What to do then? An employee can always leave the job, though at this time, that might require pain and sacrifice. Many employees fear that if they look for a new job, the abusive supervisor will give him or her a bad reference. That may be, but if so, that supervisor may open him/herself up to charges of defamation.
If you need a Contra Costa bankruptcy attorney or a Bay Area employment law attorney, contact the Wild Law Office today.
The above should not be construed as legal advice.
