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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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Customer Question

I work in a hostile work environment in which the supervisor has kept me in a high stress position now for 6 1/2 yrs now. I now am struggling with the pain in my shoulder and neck due to the higher increased work load, I have brought this to her attention and to the owner of the company without any luck of reducing my work load. I feel as though it is wrong to give an employee added work load due to the fact that she dislikes me and wants to make the job uncomfortable for me just so that I will quit and that would relieve the company from paying unemployment benifits, is this a workmans comp case or a harrassment case? please advise..I do data entry at higher volumes that all other employees
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Joseph replied 5 years ago.
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

Do you believe that the workplace is hostile due to discrimination based on a protected characteristic (such as race, gender, national origin, ethnicity, or sex)?

Expert:  Joseph replied 5 years ago.
Unfortunately, you wouldn't have a harassment case, unless the treatment that you're experiencing is due to discrimination based on a protected characteristic (such as race, gender, national origin, sex, or ethnicity).

However, if you need to take off work due to stress, you would be eligible to file a workers' compensation claim for stress.

Additionally, if your employer has 50 or more employees, you would be eligible to take up to 12 weeks of unpaid leave for stress under the Family and Medical Leave Act.

I wish I had better news to give you, but I hope you appreciate a direct and honest answer to your question.