How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
A new question is answered every 9 seconds

Ask an Employment Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8091
Experience:  JD, BBA, recognized by ABA for excellence.
4460311
Type Your Employment Law Question Here...
characters left:
Employment Lawyers are Online Now

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
< Last | Next >
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
  • Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you Happy Customer Denver, CO
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
 
 
 

Psychological Harassment in the Workplace

Behavior that is characteristically repetitive and intends to harm through mental agony or causing a person to be upset is known as psychological harassment. From a legal point of view, such behavior is abusive, intimidating or humiliating and is found to be threatening. Most often, such behavior leaves behind no legal evidence except for complaints or reports by the victims, who suffer torment and lowered self-esteem. Psychological harassment can range from verbal abuse to aggressive and intimidating actions. When this occurs at the victim’s workplace, it is especially upsetting as it also can affect work performance. Below, Legal Experts answer questions on what you can do about psychological harassment at the workplace.

Is keeping journal admissible evidence against a supervisor who has been psychologically harassing me in closed meetings?

Case Details: I was told that if he finds out that I voice-recorded our conversations, he can fire me immediately. 

You do have the legal rights to record conversations without your boss’ knowledge or consent. Oklahoma Statutes Title 13, Section 176.4(5) makes Oklahoma a one-party state. This makes it legal for a one party to a conversation to record it without the other party’s knowledge and present it as evidence in court. However, while the law may permit you to record your conversations, it does not mean that your employer cannot terminate you for doing so.

As evidence is crucial in such cases, you may ask a third party to be present in the meetings as witness to the harassments. For written evidence, you may keep reporting the harassment to the HR or senior management, which would also record a pattern of such behavior.

Keeping a journal that records all meetings promptly would show that you did not write them as an afterthought, post filing a lawsuit. Recording related events of the day, like the news or weather, would indicate the timely manner in which they were recorded.

Can I claim damages if I quit my job and moved to another state due to extreme ‘Psychological Harassment’ by my manager? 

Case Details: I have clearly mentioned the reasons for my resignation as a result of their actions, yet I have not heard from them. 

In Washington DC, you are an “At Will” employee, which means that your employer is not obliged by a contract or office policies to act in a certain manner, which is perhaps why they have not responded.

If the harassment faced by you was based on any prohibited reasons like race, sex, color, national origin, etc., you may file a claim with the Equal Employment Opportunity Commission (EOCC). You must do this before the statute of limitations on filing such suits expires. However, if employer’s motivation for harassment was “intentional infliction of emotional distress”, which led to your mental anguish and misery, you may have a claim for personal injury.

Finally, though you resigned voluntarily, your reasons for resigning may fall under “constructive termination”, which makes it the same as them terminating you.

What’s the legal recourse against a manager I have faced physical abuse from for the past five years?

Case Details: The manager hit me on the head with clipboards, shoved an insect down the front of my shirt, and squirted lotion on me on several occasions. 

Intimidation, ridicule, insult, or illegal discrimination creates a hostile work environment and alters your condition of employment. To be termed as psychological harassment at workplace, the employee must be able to show that such offensive behavior is pervasive, which it is in your case.

You will need to document the evidence of the abuse you are facing so as to proceed with criminal action against your manager. However, you must first report your manager’s actions to the top executives and send a copy to the HR. In your communication, you may request to be removed from the hostile work environment and report to another manager. You could also request to be shielded from retaliation for reporting the harassment. Additionally, you may consider filing a complaint with EOCC as well as with the Human Rights Commission.

Do I have any legal grounds to sue my adviser for psychological harassment in this case?

Case Details: Due to severe mental harassment from my professor – of which I have email evidence – I had to stay another semester with my own funding to finish my PhD. This cost me $6000. 

Psychological harassment through intentional infliction of emotional and mental distress is met with skepticism in courts unless the conduct is “so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community”. In similar cases, courts have held that the plaintiff must provide evidence that meets a “strict standard” to avoid dismissal of his/her claim of psychological harassment. Hence, you may have to prove that the supervisor’s actions severed no legitimate purpose other than the sole intention of inflicting emotional distress.

Title VII of the Civil Rights Act prohibits discrimination at work based on color, religion, sex, or national origin. Illegal discrimination is one of the most commonly filed harassment suits. However, in many cases, gathering evidence is difficult as the harassment is either verbal or is not witnessed. If you have been a victim of psychological harassment at your workplace, write to Legal Experts to get an insight into your rights and future course of action.

Ask an Employment Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8091
Experience:  JD, BBA, recognized by ABA for excellence.
4460311
Type Your Employment Law Question Here...
characters left:
Employment Lawyers are Online Now

How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Employment Lawyers are online & ready to help you now

Tina
Lawyer
Satisfied Customers: 7759
JD, BBA, recognized by ABA for excellence.
Marsha411JD
Lawyer
Satisfied Customers: 10539
Licensed Attorney with 27 yrs. exp in Employment Law
Infolawyer
Lawyer
Satisfied Customers: 9785
Licensed attorney helping employers and employees.

Recent Psychological Harassment Questions

  • Good day ! Ok wondering about this ADA law and disabilities

    Good day ! Ok wondering about this ADA law and disabilities if not able to work under this lsw is there payout if deemed not fit to work because of injuries sustain outside the workplace ? Its pertaining to head injury sustain in 2010 but about 2 yrs after the things changed and hsve debilitated since .
  • Hi , My name is***** am a store manager for a w local

    Hi ,
    My name is***** am a store manager for a w local non profit store. At the time of my hire,i was offered a salary with a promise of a 5k increase if i met certain performance metrics within 120 days. Its been 8 months and i have received two excellent reviews on my performance but my employwr re still hasnt honored the job offer. What can i do?
  • What do you do if someone pushes you as you are in the door

    What do you do if someone pushes you as you are in the door as they are trying to get out of a room? This person did not have to leave at that moment but did not want to have a conversation. I have two large bruises from the incident.
< Last | Next >
View More Employment Law Questions