Workplace Investigations
Is Your Boss Bullying You?
We are often contacted by potential clients who tell us that my boss is bullying me and wanting to know whether they can file a lawsuit. There is a fine line between poor management skills and workplace harassment that could lead to financial compensation. The key is in knowing when bad behavior crosses a line and gives you a right to sue.
Being a Jerk is Not Illegal,
But Workplace Harassment Is
Workplace bullying would not necessarily give you a legal cause of action. Bullying is rude, wrong, and debilitating, but being a jerk is not necessarily illegal. 61% of U.S. employees know of abusive conduct in the workplace. When it happens to you, it can keep you from living a normal life, even outside of work. However, when we hear from people, “my boss is bullying me,” this is the time when we establish whether a potential client has a cause of action. We want to consider all the information about the incidents. This could include videos, pictures, items written, witnesses, phone calls, texts, verbal communication – all kinds of things can point in the direction of seriously considering bringing a lawsuit, but it’s necessary to locate and establish those things with the help of an attorney.
Bullying is rude, wrong & debilitating,
but being a jerk is not necessarily illegal.
This does not mean that we will tell potential clients that there is nothing that they can do about it. We will ask more specifically about your boss or any other employee’s behavior because federal and state law does create circumstances where bullying can be illegal. It all depends on the focus of the bullying.
If your boss does not like your job performance, or if they are taking out their frustrations on you, the chances are that you cannot do anything about it. They are completely in the wrong, but it is only a moral transgression. The issue is when your boss’ treatment is based on you being a part of a protected class.
Federal and California Law
Makes Workplace Harassment Illegal
Federal laws are aimed at preventing discrimination in the workplace. You cannot be harassed at work on the basis of the following:
- Race
- Religion
- Gender
- National origin
- Ethnicity
California law adds even more protected categories, including sexual orientation.
In some cases, bullying will cross the line when it is on any of these grounds. For example, if you were subjected to constantly being degraded based on your status in a protected class or were the target of frequent jokes, this would be workplace harassment. It would not matter if it were your boss that was bullying you or other co-workers. Any type of workplace harassment based on the above classes is illegal no matter where it originates.
If Nobody Else is Being Bullied,
Something May Be Wrong
In addition, if you are a member of a protected class, and your boss treated you far differently than they did anyone else, it could be evidence of workplace harassment. Again, there is nothing that requires bosses to be decent, and the law does not prohibit berating employees. However, if you find yourself constantly singled out for things that other people get away with, it could be evidence of workplace harassment.
Discriminatory intent is a category of discrimination cases where the employee is treated worse by their employer because they are a member of a protected class. Your boss does not have to explicitly say that they are singling you out because of your membership in that class. However, the fact that people who are not part of protected classes do not experience that treatment can serve as evidence of intent.
Keep a Log of Everything
That You Have Experienced
Since the line between poor supervisory practices and harassment is a very fine one, you should have as much evidence as possible to back up possible workplace harassment claims. It is important to document as much as you can about your boss’s conduct. The best way to do this is to keep a daily journal where you list what your supervisor said. You should keep a special list of things that they do and say that can relate to your protected class. Your entries should go beyond just that my boss is bullying me.
It’s important to document as much
As You Can About your boss’s conduct.
Before you do anything, you should talk to an employment discrimination lawyer. Your attorney would give you advice on how to proceed. While you always have the right to file a discrimination lawsuit if you think that your boss acted illegally, that is not always the outcome that you want. If you get a check from your company to settle your case, it means that you have suffered damages. Sometimes, the best alternative is to nip the behavior in the bud before things get too bad.
Try to Address the Issue With the Company First
The best thing could be to resolve the problem informally with the company. Your lawyer may advise you to speak with human resources about your concerns. If you file an internal discrimination complaint, your company cannot retaliate against you. The company may have its own anti-bullying policy that would prevent this behavior. However, getting legal advice is the best way to determine how to effectively address the issue with the company.
If you file an internal discrimination complaint,  Â
Your company cannot retaliate against you.
You may need to take the matter further when you are experiencing workplace harassment. When it crosses the line from bullying to illegal conduct, the law gives you rights. Your attorney should review both federal and state law to see if you have grounds for a lawsuit. They will review your case to help you decide whether there is something more than supervisor bullying at work.
If you experienced workplace harassment, you could file a complaint with the Equal Opportunity Employment Commission. They will investigate the claim, and they may file a lawsuit against the employer. If they do not, you have the legal right to file your own lawsuit. Alternatively, you can file a state lawsuit against your employer.
Contact an Experienced Attorney
You can do something about workplace harassment to hold your employer accountable and get justice.
Call 855-713-1864
Executive Defenders is a Civil Division of LibertyBell Law Group
Gina Tennen
Is A Nationally Recognized Criminal Law Attorney
Gina Tennen At a Glance
- Received the National Top 100 Trial Lawyers Award
- Featured in Time Magazine’s “Leaders of Criminal Defense” in the 100 Most Influential People edition.
- Experienced in both prosecution and defense.
- Has handled many high-profile cases
- Expert legal strategist.
- Relentless fighter for her clients with results to prove it.
Gina is a Founding partner and one of the nation's leading criminal defense attorneys, She is a leading advocate of personal freedom and individual rights.
Her meticulous trial preparation and her exceptional ability to integrate an aggressive, thorough defense, has earned her the admiration of clients and the respect of prosecutors, judges and other criminal lawyers across the country.
She is an astute strategist and powerful advocate who works tirelessly to protect the rights of her clients. She has earned a long-standing reputation as a relentless fighter who never surrenders in any case and has represented many high-profile criminal cases.
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