Is it legal if I request a co-worker to stop making non-work-related comments towards me?

Get Legal Help Today

 Secured with SHA-256 Encryption

Is it legal if I request a co-worker to stop making non-work-related comments towards me?

This is a hostile co-worker who yells at me repeatedly, with or without reason. I complained to the management, but HR says ‘yelling’ is not an illegal behavior, and eversince my complaint this co-worker has started annoying behavior including ‘muttering’ around me in a hateful manner, and approaches me in the breakroom with abrupt/ rude tone and attitudes but pretending as if he is merely ‘socializing’. Is it legal if I formally ask him to refrain from making non-work-related comments towards me in the workplace?

Asked on January 1, 2018 under Employment Labor Law, California

Answers:

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

Answered 3 years ago | Contributor

Unfortunately, unprofessional and rude behavior in the workolace is not actionable. In order to have a claim for something called a "hostile work enviornment", your treatment would have to be due to your race, religion, gender, nationality, disability, age or any other form of legally actionable discrimination. The fact is that unless these actions violate the terms of a union agreement or employment contract, there really isn't much that you can do about this except find a new job.

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

Answered 3 years ago | Contributor

Unfortunately, unprofessional and rude behavior in the workolace is not actionable. In order to have a claim for something called a "hostile work enviornment", your treatment would have to be due to your race, religion, gender, nationality, disability, age or any other form of legally actionable discrimination. The fact is that unless these actions violate the terms of a union agreement or employment contract, there really isn't much that you can do about this except find a new job.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption