Can You Take Legal Action if You are Bullied at Work in California?

Bullying is painful and damaging. Bullying can lead to a wide range of psychological, physical, and social consequences. It can cause long-lasting problems. Unfortunately, while many people assume that bullying does not affect adults, the truth is that it does. Among the places where adults get bullied is at work. Research suggests that a third of American adults have faced abusive behavior at work, and almost half confess to having been affected by it in some way. Adult bullying can look like childhood bullying: verbal insults, intimidation, humiliation, or being deliberately excluded, but the consequences can be much more severe. Sadly, for many employees, quitting is not an option because they depend on their paycheck and benefits. In this article, we look at when workplace bullying becomes something that qualifies you to take legal action.

Understanding Workplace Bullying

Workplace bullying occurs when an employee experiences a pattern of harmful behavior aimed at belittling, intimidating, or isolating them. Bullying at work can take many forms, including;

• Constant and unfair criticism
• Excluding employees from meetings
• Isolating employees from information and opportunities
• Setting an employee up to fail
• Sending aggressive emails or notes
• Making unreasonable demands
• Yelling and screaming at employees

While such behavior is unfair and damaging, it is not automatically considered legally actionable.

When Does Bullying Become Legally Actionable?

In California, there isn’t an anti-bullying law protecting employees. However, many forms of bullying fall under already existing laws that address discrimination, harassment, and retaliation. According to the California Fair Employment and Housing Act (FEHA), it is illegal for an employer to mistreat an employee due to a protected characteristic, such as;

• Religion
• Pregnancy
• Race or ethnicity
• Age (40 or older)
• Sex
• Disability
• National origin

In California, it is also against the law for an employer to retaliate against an employee. In other words, an employer cannot take an adverse employment action against an employee for exercising their legal rights, such as reporting a violation of the law.

If you are bullied at work, and the bullying is tied to a protected characteristic or is retaliation for exercising your legal rights, you may have the right to take legal action against your employer. Examples of workplace bullying that may justify legal action include;

• A manager mocks your disability
• You are excluded from meetings after reporting harassment
• Coworkers repeatedly make fun of your sexual orientation, and HR does not do anything
• You are assigned a heavier workload after returning from medical leave, and you keep facing criticisms

When such patterns create a hostile work environment, you may have a valid legal claim.

Possible Legal Claim You Can File

Depending on the specifics of your case, several legal options may be available, including;

• Discrimination, harassment, or retaliation claim under FEHA
• Wrongful termination claim if you were fired due to an illegal reason
• Whistleblower retaliation claim under California Labor Code section 1102.5 if you are punished for reporting violations.
• Constructive discharge claim if working conditions become so intolerable that you are forced to resign.

A successful claim can allow you to recover compensation for lost wages, emotional distress, attorney’s fees, reinstatement, and more.

Contact a California Employment Lawyer

Contact a California employment lawyer near you if you are experiencing bullying at work and believe you may have grounds for taking legal action against your employer.