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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
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Experience:  Significant experience in all areas of employment law.
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Employees at a warehouse in Stockton have been verbally abused

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Employees at a warehouse in Stockton have been verbally abused by a supervisor over a long period. This behavior was reported to management and the supervisor was told to attend anger management counseling. Subsequent to the counseling, the supervisor continues the same bullying of employees. When the continuing negative behavior was reported again to management, the response is, "That's just the way he is." What recourse do the employees have other than finding other work.
Submitted: 6 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 6 months ago.
Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question. I am very sorry to hear about this verbally abusive supervisor. I have had very unpleasant managers in my own past, so I do have an idea what it's like to work for one. Unfortunately, though, and contrary to what most people believe, there is no requirement of civility in the workplace and no law that prevents managers from using bad language, being rude, verbally aggressive, or even downright nasty to their employees. These sorts of behavior are only prohibited if they relate directly to an individual's race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age (over 40), or sexual orientation, or if they occur in retaliation for engaging in protected conduct (e.g. filing a wage claim, or taking FMLA protected leave, or complaining about the sort of unlawful harassment described above). In these cases, the law does recognize a claim for "hostile work environment." However, rude, "hostile"or retaliatory treatment for any other reason, despite being unprofessional and uncalled for, is not in violation of any law. So, for example, it would be illegal to yell racial slurs at an employee but it is not illegal to call an employee "stupid." The courts have made clear that they will not be the arbiter for all other forms of workplace harassment, no matter how egregious, unless it involves "protected traits" or unlawful retaliation as described above. If you are being harassed in manners that relate directly to a legally protected trait, an individual in your circumstance can file a claim for hostile work environment with the Department of Fair Employment & Housing. The DFEH will investigate your case and either pursue it on ints own or issue you a "right to sue" letter which will enable you to sue your employer in court for emotional distress. Again, though, this avenue of recourse is only available if you are being harassed in ways that directly related to a legally protected trait, such as race. In the absence of a claim for actionable hostile work environment, this is regretfully not a circumstance in which you have many options. You may wish to continue reaching out to HR or to upper management and notify them of the way that you are being treated. You can also to addressing your concerns with offending supervisor personally. Aside from these interpersonal remedies, all you can really do is leave for another job where you are treated better. I know that's now what you want to hear, but it is the unfortunate reality of the situation. Nobody deserves to be bullied and disrespected at work. The easiest way to change that is to simply remove yourself from the toxic environment. I hope that you find this information helpful and am genuinely sorry if it is not what you were hoping to hear. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.