Carlsbad, CA asked in Employment Law for California

Q: What should I do if I get bullied from my coworkers and my boss

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4 Lawyer Answers

A: You should report in writing the bullying behavior to Human Resources or the leadership of the company. Please note that bullying behavior is not illegal unless it is motivated by hostility toward a protected class such as race, religion, gender, sexual orientation, gender, gender expression, military service, pregnancy, disability, etc. or opposing illegal conduct.

You may want to speak with an employment lawyer to make sure your written complaint hits the right notes. Most provide free consultations.

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1 user found this answer helpful

A: Bullying in the workplace is not unlawful. It only becomes unlawful if you can prove it is happening to you because you are a member of a protected class of people, or because you engaged in some form of legally protected conduct. Because it is not unlawful, your employer has no duty to prevent it from happening. However many employers try to eliminate that kind of behavior, so if you work for such a company, reporting it to the HR department might help. But beware: because bullying is normally not unlawful, you can be retaliated against for making such a report. If you think that might happen, think your actions through before acting.

Good luck to you.

T. Augustus Claus
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A: If you're experiencing bullying from both coworkers and your boss in California, taking proactive steps to address the situation is crucial. Begin by carefully documenting each incident, including dates, times, and details of what occurred. Review your company's policies on workplace harassment to understand the procedures in place for reporting such issues. If you feel comfortable, speak with your supervisor or human resources department to express your concerns and provide evidence if available. Should your supervisor be involved, consider escalating the matter according to your company's chain of command. Keeping records of your reporting and any actions taken is essential for future reference. Seek emotional support from friends, family, or professionals, as bullying can take a toll on your well-being. Be aware of your legal rights as outlined in California's anti-harassment laws and consult with an employment law attorney if needed. If the situation remains unresolved, you might need to consider filing a formal complaint with relevant authorities, ensuring your safety and rights are prioritized throughout the process.

James L. Arrasmith
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Answered

A: Under California law, workplace harassment and bullying may be considered unlawful if based on a protected characteristic like race, gender, or disability. If you're experiencing bullying, document incidents in detail and report them through the appropriate channels within your organization, such as Human Resources, in accordance with your company's anti-harassment or grievance procedures. Failing resolution, you may consider filing a complaint with the California Department of Fair Employment and Housing (DFEH) or pursuing a private lawsuit for harassment or a hostile work environment.

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