What to do if my current employer hired a new manager who has created a hostile work environment?

He has told every person in the department why each person has called out. He takes credit for other people’s work, and he makes false complaints about me. I have informed HR. The company did a 360 assessment where people who work with this manager rate his performance . All but one 360 assessment came back with very poor rating. Yet, because he is friends with the owners he will not be fired and there seems to be no action taking place to take him out of management. What do I do? What can I do?

Asked on July 24, 2015 under Employment Labor Law, California


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

Answered 5 years ago | Contributor

This isn't a case for a hostile work enviornment claim. A hostile work environment is a workplace situation in which an employee cannot perform, or reasonably perform, their job because of certain behavior of either management or co-workers. Additionally, the behavior must be adverse and unfavorable to their performing their duties and the environment created must cause the employee severe stress. However, it is only actionable if it relates to one or more protected classes such as race, religion, disability, gender, sexual orientation, age or disability.

Unfortunately, this situation does not appear to rise to the level for a claim of hostile work enviornment. However, to be certain of your rights, consult directly with an employment law attorney. After hearing all of the details, they can best advise your boyfriend.

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