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Verbal Abuse in the Work place

What is verbal abuse in the work place?

Verbal abuse in the work place is an illegal act that disobeys federal employment laws. Employers that act in this behavior attack their employees, making them feel useless, and causing real, even though invisible, emotional and psychological damage verbally. Read below where Experts have provided many answers to complex questions of verbal abuse in the work place.

In the state of California is verbal abuse in the work place considered harassment based on medical conditions? What kind of legal action can be taken to stop this?

Unless the harassment is being carried out because they are a member of a protected class under employment discrimination, then it isn’t illegal. If they are the only ones being treated this way and the other person knows of the medical condition, and the employer does nothing to stop this activity, then they could possibly file a hostile work environment/discrimination complaint with the California Department Fair of Employment and Housing. It would be up to the employer to convince the state that this person was not being targeted because of either their disability or medical condition.

Is verbal abuse considered harassment?

If they are being harassed at work based of their race, color, age, gender, national origin, religion, or disability, they may have a claim even if the harassment isn’t verbal. They would need to show that the harassment was severe or pervasive that it affected the terms and conditions of their employment. If the person harassing is a co-worker, and not the supervisor, they would also need to show that they have properly reported it to their employer, and that the employer has failed to take the correct actions to stop the harassment.

Can someone take FMLA due to verbal abuse and a hostile workplace?

Hostile work environment is a legal term that many people don’t use properly. Unless they were harassed based on race, religion, gender, age, disability or prior FMLA use, it is not considered a hostile work environment. They are suffering from generalized harassment, which is not illegal in any state. If they put hostile work environment in their FMLA request it may not be accepted, they would need to have their doctor state that they are suffering from a serious health condition based on the stress in their work place.

What can someone do about verbal abuse and hostile work environment?

In order to meet the legal definition of a hostile work environment, harassment or discrimination must be based on one of the following: race, religion, age, sex, national origin or disability. The law will not protect against rude comments or employers who are just being rude. If the discrimination is based on one of the above classes, they can consider filing a charge with the Equal Employment Opportunity Commission (EEOC) against the employer. If they are considering quitting, they would need to speak to a lawyer before doing so. In some cases, this can be considered “constructive discharge” that would say that the hostility and discrimination was so bad that no person could be expected to work under those types of conditions and the employer forced them to quit. When quitting when the case is not a true hostile work environment it will not be considered a constructive discharge, and they could be ineligible for unemployment.

In the state of West Virginia is there a law or federal law against verbal abuse/harassment in the work place?

The US Supreme Court is very clear on laws on hostile work environment/ harassment must be based upon illegal discrimination (age/race/sex/disability) and they were not meant to create a code of civility in the work place. Unless they can prove that there is verbal abuse or harassment based on age, race, sex, disability, there will be no claim. This is the same under the state law in West Virginia and all states.

With different work environments people are exposed to and depending on their occupation, some may face a higher percentage of work place verbal abuse than others depending on their industry. Work place verbal abuse is very common in almost all organization to one extent or another. If you feel as if you have experienced verbal abuse in the work place ask an Expert to get insight on someone’s rights when dealing with verbal abuse in the work place.
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Recent Verbal Abuse Questions

  • I really need help!!1- Sofia is an employee for Ambroses

    I really need help!!
    1- Sofia is an employee for Ambrose's Landscaping. While showing a customer how to use a hedge clipper, she inadvertently cuts the customer on the arm, requiring a hospital trip and several stitches. Regarding Ambrose's liability for the incident
    A-Ambrose is not vicariously liable because it was an accident.
    B-Ambrose is vicariously liable because Sofia was not acting within the course of employment.
    C-Ambrose is not vicariously liable because Sofia was not acting within the course of employment.
    D-Ambrose is vicariously liable because Sofia was acting within the course of employment.
    2- Melanie is a white female, and she is married to Muhammad, who is of Middle Eastern descent. She has been employed at The Office Works for 3 weeks. Melanie has been subjected to daily verbal abuse since Muhammad dropped by to take her to lunch and her co-workers became aware of his ethnicity. She has been called an "Arab whore" and a "terrorist." Her co-workers refuse to work with her, and her supervisor has condoned this behavior by assigning her to tasks in the stockroom when previously she assisted customers in the computer department.
    A-Melanie does not have a claim for national origin discrimination because she is not a member of a protected class.
    B-Melanie does have a claim for national origin discrimination under Title VII because she is being harassed based on the national origin of her husband.
    C-Melanie does not have a claim for national origin discrimination because she has only been employed for 3 weeks.
    D-Melanie does have a claim for national origin discrimination because the behavior of her co-workers and supervisor is neither severe nor pervasive.
    3-Harrison works in a cubicle at a window next to Karen Ravenwood's cubicle at Tabernacle Insurers. One day, Harrison overhears Karen's supervisor make a comment that she'd be more successful if she spent as much time on shaping her list of prospective customers as she does on shaping her body. Karen files a complaint of sex/gender discrimination with the EEOC and Harrison is called to testify during the investigation. The EEOC decides not to pursue the matter. A month and a half after the investigation is closed, Tabernacle management moves Harrison from his cubicle to a cubicle on a vacant floor. All other aspects of his job remain the same. Harrison files a complaint of retaliation.
    A-Harrison cannot pursue a case of retaliation because the relocation of his work area between cubicles did not materially affect the terms, conditions, or privileges of his employment at Tabernacle.
    B-Harrison cannot prove a case of retaliation because the investigation uncovered no wrongdoing.
    C-Harrison cannot prove a case of retaliation because he is not in the same protected group as Karen.
    D-Harrison can prove a case of retaliation.
    4- Tiffany, a light-skinned black woman, is the manager of the cosmetics department of a large retail store. She does not promote Monica, a brown-skinned black woman, because she believes customers prefer lighter skinned cosmetic consultants. Monica
    A-does not have a claim under Title VII because color discrimination cannot occur between members of the same race.
    B-has a claim under Title VII because color discrimination can occur between members of the same race.
    C-has a claim under ADEA.
    D-has a claim under FLSA
    5- BJI Enterprises requires all employees to pass a standardized test before being considered for promotions. Marisa Chavez, a Hispanic female, was employed in the Maintenance department as a housekeeper. She wanted to be considered for a supervisory position in that department. However, she could not make a passing score on the test. There were no minority supervisors in the Maintenance Department. The Civil Rights Act requires
    A-BJI to show that the test is related to the job.
    B-Ms. Chavez to show that the test is not related to the job.
    C-Ms. Chavez to prove that she is qualified for the job.
    D-None of the choices are correct.
    6- Benita works as a nursing assistant in a retirement home run by Cottonwood Care Centers, a national operator of facilities providing care for the elderly. Benita works 53 hours a week. After looking at her payroll stubs for the past 6 months, she concludes that she has not received sufficient overtime pay. She complains to her supervisor but the company takes no action.
    A-Benita can bring a complaint to the National Labor Relations Board under the Fair Labor Standards Act of 1938 (FLSA).
    B-Benita can bring a complaint to the U.S. Department of Labor, under the Fair Labor Standards Act of 1938 (FLSA).
    C-Benita can bring a complaint to the U.S. Department of Labor, under the Employee Retirement Income Security Act of 1974 (ERISA).
    D-Benita can bring a complaint to the U.S. Department of Labor, under Executive Order 11246.
  • In Oklahoma, can an employee file a lawsuit against a group

    In Oklahoma, can an employee file a lawsuit against a group of other employees for verbal abuse, accusing him of being diseased (having AIDS), while the supervisor looked on.
  • I work as a registered nurse and was verbally abused by my

    I work as a registered nurse and was verbally abused by my manager twice. I tried several routes to seek help. I reported the incident to HR twice and the director was not much help at the time. she seemed not concerned and wanted to know how she could improve the relationship between my manager and I, then wanted to schedule a meeting for the both of us to talk. I told I did not want to do that for fear of retaliation. I then went to the director of nursing and voiced my concerned because I was told to follow the chain of command along with some safety issues. the following week I was wrote up for not talking to the assistant clinical manager because the nurse manager was on maternity leave. ever since the nursing manager was verbally abusive towards me I was no longer I prector, revoked the opportunity to be charge nurse, I floated more that other nurses, and assigned less critical care patients. I feel I have been retaliated against management and skipped a verbal warning and went straight to a written. when I was wrote up I was pulled off the floor in front of everyone humiliating me. in the office sat the director of nursing and the director of human resources. they told me it was my perception that I was verbally abused and was told to move on and not discuss the perception with anyone else or the safety issues. I have been walking on egg schells at work I cant stand the stess. I know they are looking to fire me so I put my notice in. I have never been so mistreated in 20 years of nursing and can't believe this has happened to me. I can't transfer to another ohio health facility because I was placed on a behavioral improvement plan. is there anything I can do? when I looked back at there policy for harassment/verbal abuse, I did the write thing for reporting but they failed to following there own policy.
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