Fairfield, CA asked in Employment Discrimination and Employment Law for California

Q: I stopped being friends with my supervisor and she has been spreading rumors about me at work.

I have filed an incident report with my boss already but it’s continuing and the workplace is becoming toxic with no one doing anything about it. What can I do about this legally? I want it to stop, is there anyway to escalate it farther than who’s in the store?

2 Lawyer Answers
Neil Pedersen
Neil Pedersen
Answered
  • Employment Law Lawyer
  • Westminster, CA
  • Licensed in California

A: Unfortunately, gossip in the workplace is not unlawful. You can try to elevate the issue to the company HR person or department, but they would have no legal duty to put a stop to it.

Good luck to you.

Brad S Kane agrees with this answer

Maya L. Serkova
Maya L. Serkova
Answered
  • Employment Law Lawyer
  • Orange, CA
  • Licensed in California

A: While it sounds like you have experienced retaliation, not all forms of retaliation are unlawful. Only retaliation for engaging in protected activity or because of your membership in the protected class of people is protected and hence unlawful. Your post, however, does not disclose any illegal conduct.

If there are more facts not mentioned here, I suggest you consult with an employment law attorney who will further examine your situation and explain your options. Most employment law attorneys in California offer free of charge initial consultations, and thereafter may take your case on a contingency basis, meaning you do not have to pay attorney’s fees unless and until there is a positive outcome for you. They may also advance either all or partial costs of litigation.

You can look either on this site in the Find a Lawyer section or go to California Employment Layers Association (www.cela.org), an organization whose members are committed to representing employees’ rights.

Sincerely,

Maya L. Serkova

Brad S Kane agrees with this answer

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