Lawyers and Settlements
What are you looking for?
Home Page >> News Articles >> Hostile Work Environment Contrary to the..

Hostile Work Environment Contrary to the California Labor Law

. By
Palm Springs, CA: Mark says his supervisor is making his life "a living hell" so that he will quit—she can't justify firing him because he is good at his job. Although working in a hostile environment is contrary to the California Labor Law, Mark should be very careful before he says, "I quit", and he should get advice from a labor lawyer first.

Hostile Workplace"My supervisor is supposed to be supportive," says Mark (not his real name pending a lawsuit). "Instead, she ignores me or is downright vulgar. She is the office manager and supervises 3 of us: she treats the others well and is helpful to them but if I ask for assistance, it's like I'm asking for her first-born." Mark also adds that his co-workers and supervisor are considerably younger.

"I've been working at this company for 20 years but I just started working with this supervisor about 18 months ago and she was hostile towards me right from the beginning," Mark explains. "I'd heard from a lot of people that she was a 'handful' and one co-worker said she put notches on the leg of a wooden desk for people she got rid of—those she didn't like. She made sure the boss thought they were unsatisfactory.

I've talked to other people in the office about her behavior but they have more or less advised me to brush it off, saying 'it is just her way'. They are sympathetic but can't offer any other advice. How can you brush off "f…ing idiot and f…ing moron' and 'he's stupid" that she has said to my co-workers about me. I have brought this up with my boss several times until I am blue in the face. But they are close personal friends so my boss is siding with her. I also talked with HR at headquarters a few months ago—I asked them to investigate but they have never gotten back to me.

It got to the point that I couldn't physically work here anymore and last December I saw my doctor because I was having anxiety and panic attacks. He advised me to not return to work and seek psychological counseling. Since that time I have talked to my boss twice about the California state labor law pertaining to this issue and my doctor's reports but nobody has called from management to inquire about my health. My co-workers have asked when I'm coming back--I just don't know.

I'm in therapy now, which I have never done in my life, and it seems to be helping. But my psychiatrist and psychologist both said, 'Have you thought about getting a job somewhere else?' That's easier said than done at this stage.

I'm 53 with no college education so leaving this company and looking for another job is pretty scary, especially given this economy. I've worked hard since I was 16 and have never collected unemployment or welfare. I can't even go back and do what I did when I was first hired at headquarters because when I was hired for my position college was not required--it is now. My back is pretty much against the wall.

But I did file a California labor employment law complaint regarding this hostile work environment, not only for me but I know many others are in the same situation and afraid to speak out. They have to eat and pay the rent—they are afraid of retaliation. I think my supervisor is mean by nature and I am her scapegoat; I think she needs more therapy than I do.

Right now I'm collecting disability from the company but not sure how long I can do that for because at this point I am living hand to mouth. Thank God I have savings but that is going fast. In a perfect world, I would like to get lost wages for pain and suffering. I don't care if she apologizes because it wouldn't be genuine. I don't know what to do next—I've never needed a lawyer in my life, but I do now."

Hostile work environment harassment is where speech or conduct is "severe or pervasive" enough to create a hostile or abusive work environment. It is primarily a legal term which describes a workplace situation where an employee cannot reasonably perform his work, due to certain behaviors by management or co-workers that are deemed hostile. A hostile work environment case comprises more than a boss being rude, yelling, or annoying. It is very specific, especially when an employee is suing an employer for either wrongful termination or for creating an environment that causes severe stress to the employee.

If you quit your job, you allow your employer legal arguments to make against you that could harm your legal position or even destroy your potential case, even though a hostile work environment is contrary to the California labor law. A California labor lawyer's advice can help reduce the risk of harm to your case. Ask yourself why your employer (or supervisor in Mark's case) is trying to force you to quit, put everything in writing, and your answer may help you and your lawyer resolve your labor law case.

READER COMMENTS

Posted by
JOHN MCDOWELL
on
BEEN AT HOME DEPOT 1 1/2 YEARS, TOLD THE MANAGEMENT THAT I WAS TOLD THE WOOD CUTTER WAS TAKING TIPS, AND HE SHOWED ME LIKE 35 DOLLARS, AND THEY MADE ME FILL OUT FORMS,. I DID THAT AND EVER SINCE, I WAS HARASSED, PEOPLE WALKING UP TO ME SAYING “ SO, YOU HATE POT SMOKERS HUH” OR “OH ARE YOU SOME DRUG COUNSELOR NOW” PEOPLE I DID NOT KNOW. I THINK THE MANAGMENT TOLD OTHERS, WHICH ENDED MAKING THEM UPSET I TOLD ON THIER BUDDY. I ENDED UP GETTING FIRED. THIS IS ABSOLUTLEY UNFAIR. I TRIED TO HELP, INSTEAD I GET FIRED.

Posted by
Joe
on
I was working at facility as manager and the owner did nothing but scream, yell oe blow up non stop. I worked ten hours a day, 6 days a week for a crap salary but loved my work except for dealing with owner. Out of nowhere I was demoted from full time to 20 hours and put at min wage. I advised i could not accept and filed for unemployment. Please note no write up or warnings and this was literally out of nowhere. EDD denied claim based on Annoyance of Coworkers which does not fit any description. I explained how the owner dealt with situations and how I could not survive on the job he demoted to without any reason. Please any help would be greatly appeciated. Is it worth me Appealing the decision of EDD

Posted by
Bill St. James
on
I have a question, I have been in a supervisor role with a small company for 3 years. This company has been in business for over 20 years.My job is in charge of writing policies and procedures, and inforcing them. For the last 6 mos, I have had nothing but problems from 2 other supervisors. They have been protected by the owner for 20 years. Since I have come on board, they are very disrespectful, they have told other members not to listen to me because I dont know what Im talking about.They have gone so far as to turn thier backs on in meetings. I dont strive for thier accolades but they are sending a messages to other crew members that is ok to disrespect me.
I have already made plans to leave this company. Whay should I do in the interm? Should I just take it, or should confront them abpout, or should I consult regarding this work environment? Please let me know your advice.

Posted by
Ruthie Mc Daniel
on
I understand the stories i have read,especially the last one, i worked in a company that i spent 12yrs of my life in the company trying to do my best. I was lead for over 5yrs unable to move up. they moved in a manger from East los angles. It became really bad. I didn't speak spanish. So when you try all the chains of commands within the company you feel you have no other help. So if you have no other choice you are forced to Quit. It's to bad that could be used against you if you finally have a way to fight back.

Posted by
JAMES PEARSON
on
My mom has worked for the the County Department of Behavioral Health as a case worker for 17 years. She is Mexican-American.

About 2 years ago, the Department hired a new case worker (who was white). About six months into this new case workers employment she was supposed to drive a client to a doctors appointment for a surgical procedure that would involve anesthesia. The plan was that the new case worker would drive the client there, then because of scheduling issues, my mom would pick the client up and drive the client home. Well, the new case worker woke up late and missed the appointment. It turned out that the client just drove herself to the appointment.

When the new case worker found out what happened she talked to my mom and said that she felt bad and would like to go with my mom to to drive the clients car home. When my mom and this new case worker got there, the new case worker said she would go in and get the client and told my mom to wait in the car, which my mom said ok to.

A few minutes later the new case worker comes out and gets into my moms car and says that everything's ok and the client is going to drive herself home, and she tells my mom to just turn around and drive back. My mom said that she never talked to the client or any of the nurses and assumed that the new case worker had been told that the patient is ok to drive herself home. The patient drove home safely and nothing bad ever happened.

After my mom's supervisor found out that the patient had been allowed to drive herself home after having been on anesthesia, the management decided to do this: Send the new case worker home for 1 week without pay. Demote the employee of 17 years to a position below the new case worker and cut her pay by over $1000 per month.

My mom called me crying one day and explained that this had happened. I was a pre-law major in college and had just finished taking an Employment Law class. I told her that she need to seriously consult with an employment attorney asap. I told her that she has nothing to loose by at least telling an attorney her story to see if anything can be done. I told her to find a phone book, go to the attorney section, then find the employment attorney section, pick one and call today.

She did find an excellent employment lawyer and they filed a claim with the EEOC for racial discrimination and wrongful demotion. They had a series of meetings and hearings and in the end I believe they went to mediation and the judge found that the County did wrongfully demote my mom and ordered the County to pay her full back pay and restore her to the same position. The County offered to pay back pay and offered her a new position as Community Liaison which payed even more than her previous position.

We were so happy and thankful for the amazing work that her employment attorney had done. It made a huge difference in my moms life. One of the unexpected blessings is that as the recession hit CA funding for her old position was cut and the County had to lay off many case workers, but funding for her new position came from a new voter initiative program that was passed and that program still has very strong funding. I believe that justice was done for my mom, but she never would have got this justice if she hadn't made a firm decision to fight for it.

Posted by
Margaret S. Roche
on
I am 60 years old and worked for Lyon Management Group for almost 7 years. In October of 2009 my supervisor was laid off and was replaced with [name withheld]. In the year since she took over I am the 5th long term employee that has been forced out. The other employees had been there from 9 to 17 years. The new supervisor targeted each person and either intimidated them into resigning or fired them. She likes the younger employees and seems to have a different set of rules for them.

My problem started when I did not want to do a write up on my employee. Every employee that had been written up since she took over has been forced out. I told her I did not want to write up my employee for such a trivial matter. He had tried to have a discussion regarding a verbal warning but he found the discussion frustrating and raised his voice. So a month later she wrote him up for "insubordination" and for mailing a payment out 5 days later than we had done in the past (there were no late fees or consequences for the late mailing).

3 weeks later she wrote me up for being insubordinate (a term never used until she was made manager) because I did not agree with writing up my employee. She said if I did not sign the write up I would be fired for insubordination. I have never been fired in my entire working career so I resigned citing "The work environment has become toxic and hostile"

ADD YOUR COMMENT ON THIS STORY

Fields marked * are mandatory. Please read our comment guidelines before posting.

*Name:

Note: Your name will be published with your comment.

*Email Address:

Your email will only be used if a response is needed.

*Your Comment:


Click to learn more about LawyersandSettlements.com


Legal Services:

Facebook



 
FAQ | TOS | Privacy | Disclaimer | About Us | Contact Us | Press | Advertise | Member Login | Jobs | Site Map | View Mobile Website |


Better Business Bureau   CAALA   Best of the Web Approved   Public Justice


This work is licensed under a Creative Commons Attribution-NoDerivs 3.0 Unported License © 2001-2014 Online Legal Media. All rights reserved.