Can I sue my employer for a hostile work environment?

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Can I sue my employer for a hostile work environment?

I have worked at my present employer for almost 6 years. About 2 months ago, I switched positions within the hospital and since then I feel like it has been a hostile work environment. The doctor constantly yells at me and just treats me horribly. I have brought it up to my supervisor multiple times. We reported the situation to corporate. I have asked to switch departments, which I was told that could not be done. With corporate and my supervisor not doing anything to help me I had to find another job.

Asked on April 13, 2017 under Employment Labor Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

A hostile work enviornment has to do with a workplace that is one in which an employee is prevented from doing their job in a reasonable manner. A co-worker (including a superior), either by words and/or actions, creates an environment that is counterproductive to the employee being able to perform their work duties. That having been said, these behaviors typically must be "discriminatory" in nature, not just a result of boorish or rude behavior. In other words, workplace discrimination is action taken against an employee because they are a member of a "protected class", so they receive unfavorable treatment based an their race, religion, age, disability, gender, national origin, etc. Based on the limited facts presented, it's not clear that you have an actionable claim since you gave no details as to your co-worker's specific behavior. At this point you may want to consult directly with a local employment law attorney or with your state's department of labor.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

A hostile work enviornment has to do with a workplace that is one in which an employee is prevented from doing their job in a reasonable manner. A co-worker (including a superior), either by words and/or actions, creates an environment that is counterproductive to the employee being able to perform their work duties. That having been said, these behaviors typically must be "discriminatory" in nature, not just a result of boorish or rude behavior. In other words, workplace discrimination is action taken against an employee because they are a member of a "protected class", so they receive unfavorable treatment based an their race, religion, age, disability, gender, national origin, etc. Based on the limited facts presented, it's not clear that you have an actionable claim since you gave no details as to your co-worker's specific behavior. At this point you may want to consult directly with a local employment law attorney or with your state's department of labor.


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