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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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If you are pressured via instant message on one of your scheduled

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If you are pressured via instant message on one of your scheduled days off to return to work on the following day, also a day off, is it attributing to a hostile work environment? I feel I may have a case.
Hello and welcome to JustAnswer!

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

My goal is to provide you with excellent service today.

I need a bit more information from you before I can proceed to provide you with a complete and thorough answer to your question.

Can you tell me if you believe that the work environment is hostile due to discrimination based on a protected characteristic (such as race, gender, national origin, ethnicity, or sex?)

Also, can you tell me if you are an at-will employee or do you have a contract with your employer?
Customer: replied 3 years ago.
The treatment doesn't seem to be discriminatory, as everyone on the team gets the same treatment. A couple coworkers have taken stress leave for over a month, and are vey frustrated about the situation we deal with at work. We are all at-will employees.
Hello Dustin,

I’m afraid that while it is annoying and irritating to be contacted by your employer via text message to pressure you into working on your day off that is not illegal, nor would it form the basis for a hostile work environment claim.

Under the law, the legal definition of a hostile work environment is defined as one that is hostile DUE to discrimination based on a protected characteristic.

The fact that your employer may be aggressive toward you and your employment is very stressful (causing multiple employees to need extensive stress leave) does not provide you with the basis for a hostile work environment claim. Only if your employer was hostile toward you due to you having a protected characteristic would there basis for a suit.

Other than that, if you are going through therapy for work, and/or if you have to resign due to the work environment then you would have the basis for a workers’ compensation claim.

I realize the above information is not what you wanted to hear and I sincerely XXXXX XXXXX had better news to give you, but I hope you appreciate an honest and direct answer to your question. It would be unprofessional of me and unfair to you to provide you with anything less.

Please let me know if you have any follow up or clarifying questions.

If not please remember to rate my answer positively so I get credit for my work.

Thanks and best of luck!
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