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

Get Legal Help Today

 Secured with SHA-256 Encryption

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

Answers:

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.


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