If my boss curses and screams all day long is that coinsidered hostile working environment? I'm going crazy with this and

Asked almost 4 years ago - Los Angeles, CA

cannot concentrate in my work. Also, they keep on adding work to my table but haven't got a review and it was due 4 months ago? Everyone gets their review 5 days before actual hire date.

Attorney answers (2)

  1. Pamela Koslyn

    Contributor Level 20

    Answered . No, a hostile work environment claim is restricted to victims targeted due to their gender, and this includes sexual harassment claims. But if your boss is an equal opportunity jerk to everyone, male and female alike, then that's not what "hostile work environment" means.

    As for your extra work, lack of reviews, etc., you can go to your supervisor, or your supervisor's supervisor, or HR department if the company isn't adhering to its own policies.

    Bear in mind that if you have no written employement contract that specifically gives you some rights, like termination only for cause, or a labor union to protect you, you're "at will" and can be fired at any time with no notice, for any reason. Likewise you can quit on the same basis. If your job is intolerable, that's an option you have to consider.

    Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

  2. Douglas M Larsen

    Contributor Level 11

    Answered . The law does not prevent the boss from being a jerk. However, the law does not permit the boss to pick on people based on certain characteristics we call "protected classes." Protected classes include age, race, religion, ethnicity, gender, etc. And so to articulate a claim, you must most likely base the claim on a protected class. For example, certain terms are demeaning to certain protected classes. For example, calling a woman a "bit**" could be gender discrimination. A racial slur can give rise to a claim of race or ethnicity discrimination. Cursing might be particularly offensive to persons with religious convictions. Complaining to the boss and explaining your religious beliefs might provide you with a "protected class" status.

    In the end, why do you want to work for a jerk? You may want to look elsewhere. If you do quit, you might be able to obtain unemployment insurance, provided EDD thinks you had just cause to quit.

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