Can You Sue Your Employer for Workplace Bullying?

No one wants to feel uncomfortable or unsafe at work. If you are in this unfortunate position due to threats or abuse made by a supervisor or colleague, you might be questioning your employee rights. Can you sue for workplace bullying and potentially seek financial compensation?

Our employment attorneys in San Diego  explain the situations in which workers may have the right to take legal action against their employers. Find out if your unfair treatment warrants a lawsuit under California or federal employment laws. 

How Employment Attorneys in San Diego Help Workers Understand Their Rights

Mistreatment in the workplace can take many forms. It may occur if someone’s boss favors another employee for projects or promotions. Unfair treatment may also involve purposely excluding an employee from meetings or business activities. However, your perceived mistreatment in the workplace may or may not violate labor laws. 

Employment attorneys in San Diego help workers navigate these situations. Legal professionals understand the state and federal labor laws that protect workers, and can determine if an employer has breached them. If you have been subject to unfair treatment at work and want legal guidance, consider reaching out to experienced employment attorneys in San Diego. 

What Does Workplace Bullying Look Like?

Can you sue for workplace bullying? This is a valid question for any employee subject to bullying behavior, such as:

• Threats or intimidation
• Verbal abuse
• Exclusion
• Intentional embarrassment

Workplace bullying is generally defined as repeated, health-harming mistreatment that may be designed to undermine an employee. It goes beyond simply being subject to tough management or strict procedures, creating a hostile environment that can take a toll on one’s mental health and potentially make them feel unsafe in the workplace. 

Instances When Workplace Bullying May Be Unlawful

When can you sue for workplace bullying? It depends on whether the behavior violates workplace harassment laws. Workplace bullying is not explicitly illegal in California, but it can be if it crosses into harassment. 

Under California’s Fair Employment and Housing Act, harassing a worker based on protected characteristics like their sex, color, national origin, and religion is illegal. For example, if a Jewish employee repeatedly faces threats or antisemitic remarks from others in their workplace, they may be able to pursue an employment harassment claim. 

Workplace bullying can also have legal repercussions when it leads to wrongful termination or retaliation. Say a female employee is the subject of verbal abuse and exclusion at a male-dominated company. She reports the unfair treatment to Human Resources, but is fired soon after speaking up. This may be considered retaliation in the workplace.

Connect with an employment attorney to understand your workplace rights. Depending on your unique circumstances, you may have grounds to take legal action against your employer. 

Steps You Can Take To Protect Your Rights

If you are wondering about suing for workplace bullying, there are a few steps you can take to protect yourself from unfair treatment at work:

• Document everything: Document all instances of harassment, including the date of each incident, the behavior, and the parties involved. 
• Make an internal report: If you feel comfortable doing so, you could report the behavior to either a supervisor or a Human Resources representative. In some cases, HR may address the issue without you needing to take further action. 
• File a complaint: It may be possible to file a complaint with either a state or federal agency, such as California’s Civil Rights Department or the Equal Employment Opportunity Commission. If applicable, one of these agencies may issue you a “Right-to-Sue” notice, which would enable you to pursue legal action. 

How Employment Attorneys Support Mistreated Workers

Imagine that your boss or colleague has repeatedly bullied you on the basis of your religion, sexual orientation, race, or other protected characteristic. You consult an attorney, who deems that their behavior violates California employment laws. 

Your attorney could gather evidence supporting your claim and evaluate damages. They may then engage in settlement negotiations to try to resolve the case out of court. 

If your case ends up going to trial, your lawyer will represent you in court and present your arguments in front of a judge and jury. 

Contact D.Law’s Employment Attorneys for Legal Guidance

Can you sue for workplace bullying? It’s possible, but generally only if the behavior violates California employment laws. Taking legal action could also be warranted if reporting the unfair treatment leads to some common examples of workplace retaliation. 

At D.Law, we understand how frustrating these situations can be. We advocate for California workers facing unlawful treatment and help them seek accountability.  

Connect with our employment attorneys today at (818) 275-5799 to schedule a free consultation.