Legal Question in Employment Law in California

Ineffective Policy Allowed Mgrs Emotional Abuse to Continue & Worsen

6 mos. ago, I used my employer's ''Open Door Policy'' to report issues with my mgr to HR. I disclosed numerous incidents of workplace bullying (lying, intimidation, reverse age discrimination, gossiping, exagerrations, need to control everything, etc). Instead of improving my working conditions worsened.

In one instance she changed my desk area and duties to mirror employees of lower rank; causing me to be treated and feel demoted. Between desks, my mgr needlessly extended the contract of our temp whose desk I was to assume by a full week. So,I was assigned to clean the filthy break/work rm; as well as other grunt or needless tasks

My work environment led to anxiety, severe depression, marital problems, loss in productivity and habitual tardiness.

Prior to my mgrs bias treatment, she once said,''Im not worried about a few mins. It all evens out.''

She fired me for being less than 3 min late to work-despite being required to work an all-to-common hour (usually more) of unscheduled OT the night before...

My tardiness resulted in a verbal & written warning/probation, and termination (some 2.5mos. after my probation ended w/o notice of an extension).

Doesn't someone have a duty to prevent, not condone such emotional damage


Asked on 2/27/05, 9:37 am

2 Answers from Attorneys

Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: Ineffective Policy Allowed Mgrs Emotional Abuse to Continue & Worsen

Can you prove it with documentation? What do you do? Are you black? Are you a woman? Is this based on discrimination? Need more facts. You can email them to me and I will try to give you a fair assesment.

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Answered on 2/28/05, 9:45 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Ineffective Policy Allowed Mgrs Emotional Abuse to Continue & Worsen

If you claimed age discrimination (even "reverse"), the company had a legal obligation to investigate. If it did not do so, it might be liable for the continued harassment if age-based.

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Answered on 2/28/05, 10:17 pm


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