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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12472
Experience:  Significant experience in all areas of employment law.
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I have a supervisor who was charged with creating a hostile

Customer Question

I have a supervisor who was charged with creating a hostile environment. She now is retaliating, telling lies about things I've done in order to get me in trouble. I am the General Manager of the facility
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: California
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you think the lawyer should know?
Customer: Not at the momen
Submitted: 12 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 12 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.

What sort of hostile work environment did this supervisor create? One based on race, religion, sex, or something else? Also, what precisely is your question here? Are you asking what you can do to protect yourself?

Customer: replied 12 months ago.
This supervisor is bullying her employees. One walked off the job and almost all the other employees on her shift hate working for her. 7 came up to me and complained about her bullying everyone.This supervisor is trying to make me out as the bad guy telling HR I use swear words in meetings and I bully her. I don't know what to do with this person. She won't listen to anyone and talks over people and is an extremely rude and self centered person.
Expert:  Patrick, Esq. replied 12 months ago.

Thank you for the explanation. I am truly sorry about this.

In general, I must unfortunately tell you that bullying is not illegal. No law requires employers to be kind, professional, or even respectful to the people who work for them. Hostility is only against the law when it relates directly to a legally protected trait, such as race, religion or gender, in which case it is potentially actionable under our civil rights laws. For example, yelling racial slurs at someone would give rise to a claim for actionable hostile work environment.

I certainly understand why you felt the need to tell HR about this supervisor's conduct, but doing so is not a "protected activity." This is to say, no law makes it illegal to retaliate against you for doing this. So, the situation you are describing is really one that boils down to internal company politics. Those politics can be unpleasant and even highly upsetting, but they do not give rise to any sort of legal claims. All you can do is continue explaining to HR how this supervisor is being unprofessional and targeting you based on a legitimate complaint. Most employers will recognize that this supervisor is toxic and take appropriate remedial action. They don't have to, though, and so you really need to focus your efforts on persuasion rather than legal remedies.

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.

Expert:  Patrick, Esq. replied 12 months ago.

Are you still with me?