Legal Question in Employment Law in California
What constitutes a hostile work environment
I am currently working on a project with a coworker and his manager. Both men have decided that they don't want me on the project and have made negative personal remarks, ostrasized me, pick on my work and other things that make life very unpleasant. The situation has caused me to seak medical assistance as I often have anxiety attacks at work, on my way to work or when thinking about going to work. I'm experiencing other adverse physical systems too. The situation is taking its toll and I would like to know if I have any recourse other than quitting. I've spoken to HR and my boss. They are watching the situation but I don't think there is really much they can do to convince these men to treat me better at work. Any assistance you could provide will be greatly appreciated. I'm 46 and not really interested in looking for a new job right now. I like my work, but I can't continue to allow it to make me mentally and physically ill.
Thank you
2 Answers from Attorneys
Re: What constitutes a hostile work environment
Work harrassment is very serious, there are protections for various classes of employees. If you are unable to continue working there because of the hostile environment you would be entitled to lost wages, general damages (pain and suffering), and, worker's compensation benefits for the stress at work claim filed simultaneousely with the civil action. Regardless or whether or not you are protected by civil rights laws, you may have a viable worker's compensation claim. Please contact me directly at (619) 222-3504 to discuss whether or not you are in a protected class.
Re: What constitutes a hostile work environment
unless you are of a protected status and can prove that was the motivation, they can do anything they want to you.
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