Toxic Work Environment
A toxic work environment can cause emotional distress even after employee clocks out of work. This stress includes sickness, low morale, and fear of going to work.
A toxic work environment can cause emotional distress even after employee clocks out of work. This stress includes sickness, low morale, and fear of going to work.
Author: Douglas Wade, Attorney
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Dave’s supervisor is suddenly replaced, and Mark, the new supervisor, quickly calls Dave into his office. Mark tells Dave that he needs to work harder and longer hours because he is the “weakest link” in the office. When Dave asks for proof of this, Mark brushes him away.
Dave struggled to work harder and stay at work longer, but he was doing his best and leading his team in hours worked. He also voted employee of the month a short time ago.
When Mark continues to belittle Dave, Dave realizes that the problem originated with Mark and has nothing to do with him. When Mark pokes fun at Dave’s religion every day after lunch, Dave realizes he has to do something. The toxic work environment at the company causes Dave’s anxiety to increase, and he stops eating and sleeping at night.
Dave needs to make a change and confront Mark. Mark has single-handedly turned the entire company into a toxic workplace. However, Dave wonders what constitutes a toxic workplace in California and what he can do to fix it.
Toxic work environment signs take many forms, but they inspire the same feelings in workers regardless of their occupations. Hostile workplaces cause workers stress, fear, nervousness, and other unhealthy emotional states. Hostile work environments are also a major factor in employees’ decreased job satisfaction, regardless of their profession.
As individuals, we are directly linked to our occupations. Many careers are challenging and create stress, but a hostile work environment is different because it is potentially both mentally and physically unsafe. When employees cannot concentrate because of a hostile work environment, they must make changes.
Some workers report that the conditions and environments of their jobs inspire drastic, troubling emotions such as dread, anxiety, and even insomnia. Sometimes these emotions are based on workers who are scared of being fired or frightened by their managers and supervisors. Other employees grow overwhelmed by the toxic climate of their office, especially if the environment is rife with jealousy, betrayal, and backstabbing.
Put simply, someone’s occupation should never lead to mental or physical problems or drug and alcohol use. While our occupations can sometimes be stressful, what we do for a living should not impact our health negatively. Instead, people’s work should motivate, inspire, challenge, and lead them to become better people.
If an individual’s job harms them emotionally or physically, they must first recognize this negative cycle. Then, they should be aware that they have rights. Next, they should begin to collect evidence of the toxic work environment and contact an experienced attorney to help them build a convincing case.
When workers decide to sue their employers for creating a hostile work environment, they must first ensure that the conditions meet the requirements. For example, if a coworker is “mean” to another worker, their poor attitude may not provide grounds for a lawsuit.
Here are some of the major requirements to check for before suing a workplace for creating a discriminatory or hostile environment:
Often, employees grow stressed not because of one incident but a constant string of events that create hostility and resentment. However, if a single incident is damaging enough, it can have company-wide reverberations.
For example, suppose a supervisor loudly yells and swears at an employee in front of everyone. In that case, that interaction could lead the worker to develop anxiety, and their mental state and work could suffer.
Some typical examples of workplace hostility include, but are not limited to:
When a workplace only contains one of these acts or behaviors, it may already be toxic. Harmful environments take a toll on workers, decreasing their motivation and creating a work culture they seek to avoid.
The second thing employees should do when their work becomes toxic is to gather evidence. From messages to memos and emails, collect every document or report that may support the claim of a toxic work environment.
Third, all workers who feel threatened, consistently uncomfortable, marginalized, harassed, or discriminated against in any way should immediately contact an attorney. An experienced lawyer can answer questions, help strategize, and help individuals understand their options.
In California and EEOC, workers are protected from harassment and discrimination. If an employer targets a worker who is part of a protected class, the worker can take legal action. Likewise, when workplaces perpetuate a toxic, stressful, unsafe working environment, and employers are negligent, the worker can file a lawsuit.
Federal employment laws in the US also remain in place to protect all employees from offensive behavior. But unfortunately, these laws also make it easier for workers and their attorneys to sue their employers.
Keep in mind that while some employers may not realize they are in the wrong and be open to change, many are not. Some employers will not only deny that their company is toxic, but they will also fight the charges in court. All employees whose rights are violated should retain a skilled and motivated attorney with experience in this area.
Other offenses are legitimate, but employees have to follow specific parameters. For example, if an employee feels a coworker is bullying them, they need to do two specific things:
Most companies have policies stipulating what happens when employees exhibit inappropriate or hostile behavior, especially based on protected characteristics such as religion or gender.
The business could be liable for the worker’s bullying if the company does not have a bullying policy. If a policy is in place, but the company refuses to investigate the bullying claims, they could be vulnerable to a lawsuit.
We focused on bullying in this example, but these facts hold for other acts of harassment and discrimination.
Overall, when employers create toxic environments, it damages employee productivity, workers’ health, and the emotional well-being of all employees. In California, state laws remain firmly in place to ensure that employees need not work under harmful conditions. However, when employees feel mentally or physically unsafe at work, the issue creates a problem for the company, the state, and the nation.
Luckily, several laws protect workers from toxic employers and toxic workplaces, but it is important that they understand the nature of their rights and what they should do when their workplaces do not support them.
In turn, employers should be cognizant of workers who falsely claim harassment or bullying has occurred and seek unfair retribution or payment. While it is rare, some employees use company policies or state laws to exploit their employers.
Emotions often run high when companies force workers into hostile environments. At Nakase Wade, we understand how difficult it can be for workers to confront bullying coworkers or supervisors with irrational demands.
We understand how difficult it can be to work in a hostile or unsafe environment, and we believe no one should feel persecuted in the workplace.
Employees should enjoy their jobs and not dread going to work each day. However, if your workplace is hostile, or your company’s actions cause stress, anxiety, illness, or worse, we can help you file a lawsuit against your employer. Contact Nakase Wade for a free consultation, and we will work diligently to ensure your safety and well-being.
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