California Employment Law

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I am wondering if a hostile work environment causing stress…

I am wondering if...

I am wondering if a hostile work environment causing stress can be grounds for a stress leave? It has caused me to lose my hair in certain areas, high bp and severe anxiety.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

I am a full time employee and we are a union facility. We have been only the last 2-3 years.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Management and administration are both aware of the hostile work environment and are not willing to discipline the necessary people to help avoid this issue.

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Answered in 22 hours by:
3/12/2018
jaccorps_esq
jaccorps_esq, Lawyer.
Category: California Employment Law
Satisfied Customers: 20,572
Experience: Attorney with prior California employment law issues.
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance. (The system will automatically generate a phone call request to you. Unless I specifically state, during our discussion, that a phone call is possible, I intend to just use this chat format as I am not in a position to accept a phone call).

Certainly, a stressful workplace which contributes to a person's anxiety can be the basis for leave from work under the FMLA and disability, provided a medical professional directs that it happen. An employee can't simply make that determination themselves. It must come from a medical professional.

Now, I would also be careful using the term "hostile work environment" because it has a very specific legal meaning and could confuse the issue if improperly used. Hostile work environment only refers to harassment within the workplace directed at race, religion, gender, age, disability or FMLA use. It is not refer to a place where there is generalized hostility that makes it difficult to work there.

A true hostile work environment should be dealt with through a discrimination complaint to the EEOC (or Department of Labor for FMLA)

So, work with your doctor to obtain a diagnosis requiring time off, related to the nature of your workplace, and don't use the term hostile work environment unless that is exactly what you mean (and then file an EEOC complaint/DOL complaint in conjunction with your leave request).

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Please DON’T rate my service until after you have asked any follow up questions that you have, so that I have the best opportunity to earn all 5 stars. Also, feel free to request me in the future, if you have questions concerning a different matter.

jaccorps_esq
jaccorps_esq, Lawyer.
Category: California Employment Law
Satisfied Customers: 20,572
Experience: Attorney with prior California employment law issues.
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Customer reply replied 4 months ago
There is an employee who has been disciplined in the past for retaliation and harrassment against me and another co worker. This employee intentionally tries to get people fired. She has tried to obtain information about my previous fmla leave for pregnancy and if I was using it correctly. She reported it to HR even when she did not have the facts. My apologies for using the term loosely. Would this also be considered part of a hostile environment ? Co workers yelling and cursing at eachother during shift changes has also been a problem with no course of action from management. This is the type of work environment I am working in.
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