Legal Question in Employment Law in California

Hostile work environment

My wife is currently working in a hostile work environment.

The EEO (County Offices) told her on the phone that she is not allowed to come back to work until her doctor gives her permission. While we were out of town last week she received a letter from another person in the office saying that she was on an unapproved leave of absence and that she did not qualify for FMLA. She has an appointment with her doctor on Wednesday. If her doctor says she should not go to work what should she do?

She talked to the CEO of the department. Following her talk to the CEO her boss called everyone in to her office and claimed my wife was telling on them. My wife did nothing of the sort.

She has been ostracized. The boss goes out drinking with all the ''in'' employees on a regular basis. My wife is no longer invited. She was denied ovetime when another colleague repeatedly gets overtime. Her boss does not e-mail her.(others frequently). My wife's work is always checked. No other employee has to do this. My wife has an exemplary work history in this job and all previous jobs and has yet to be written up.

There are at least 4 previous employees who have quit and have cited her boss as the reason why they quit.

What should be done?


Asked on 4/28/03, 8:37 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Hostile work environment

Unless the conduct is illegal, involving harassment for race, age, sex, religion, etc, or other protected categories, then her options are to file a Workers Comp stress claim if her doctor agrees; otherwise its time to find a new job. Simple harassment is not illegal, and occurs regularly in the work world. She can file formal complaints through the company HR process, if that would do any good.

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Answered on 4/29/03, 5:38 pm


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