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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.

Ask an Employment Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8097
Experience:  JD, BBA, recognized by ABA for excellence.
4460311
Type Your Employment Law Question Here...
characters left:
2 Employment Lawyers are Online Now

How JustAnswer Works:

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    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
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    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 Verbal Abuse Questions

  • I am trying to find out do I have a case on verbal abuse and

    I am trying to find out do I have a case on verbal abuse and discrimation at the work place.
  • I took your advice and have gotten additional "verbal abuse"

    I took your advice and have gotten additional "verbal abuse" via email. Also, the services rendered were to be paid in part "In Kind", meaning that the company was providing me a hotel room while I perform the duties of sales and marketing for them. The agreement stated that the parties must provide 30 days notice in order to terminate the agreement. This was done to allow me the time to relocate should the need arise. They are now stating that the hotel is private property and that I need to leave effective immediately. How should I respond to this.
  • I filed a complaint against my supervisor for verbal abuse

    I filed a complaint against my supervisor for verbal abuse with my Director of Reembursement & on the company complaince hotline with in 9 months of hell working was fired. I was told when I was fired I have no grounds to sue the company. Nothing was done to the supervisor I filed the complaint against, this was not the first time this supervisor was verbally abusive there was six other people she has done this to also. Do I have grounds to file a suit against the company?
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