Nearly half of all California workers are victims of verbal abuse. Here’s how to know if you can sue for verbal abuse at work in California.
What is Verbal Abuse?
Verbal abuse is defined as a negative comment, gossip, rumor, or verbal comment about a person’s characteristics that are directly or indirectly targeted at an employee. Verbal abuse is especially present when a fellow employee or employer fails to apologize or retract their inappropriate comments. Verbal abuse occurs when a person has the goal of demeaning another individual or is trying to bond with those around them by creating a common target.
Some examples of verbal abuse in the workplace include:
- Being threatened by a boss or coworker
- Rumors are spread about you in the workplace
- You are teased or bullied in the workplace
- You are insulted or mocked by fellow employees or employers
- You are subjected to yelling and cursing
- Another employee or employer attempts to purposefully embarrass you
In What Cases is Verbal Abuse Considered Illegal?
The California Fair Employment and Housing Act (FEHA) prevents harassment in the workplace on the basis of race, sex, gender, culture, ethnicity, religion, age, sexual orientation, medical status, retaliation, physical disability, mental disability, etc. Unlawful abuse would include insulting comments specifically targeting the characteristics listed above. FEHA provides protection to those who are members of these protected classes and employers are responsible for preventing workplace harassment and discrimination.
Related: Types of Workplace Discrimination in California
Suing my Employer
An individual is able to take legal action against their employer if:
- The employer has failed to consider an employee’s complaints about harassment.
- The harassment is directly tied to your membership in a protected class.
- The employee can provide evidence that the harassment occurred.
- The employee can provide evidence of damages that are either physical, mental, emotional, psychological, etc.
If an employer has created a dangerous work environment by failing to deal with workplace harassment, you may also file a suit against your employer under CalOSHA regulations.
Related: What You Can Sue an Employer for in California
FAQs
Can I sue for verbal abuse if it occurred outside of the traditional workplace?
If the harasser is a fellow employee, the victim can file a lawsuit regardless of where the harassment occurred.
Can I sue for verbal abuse if I am not the direct victim of the verbal abuse?
A third party can sue even if they are not the direct victim of the abuse. If a third party witnessed the abuse and was emotionally impacted by the event, a lawsuit may be filed.
Contact Us
If you or a loved one is seeking to sue for verbal abuse at work in California, get your free consultation with one of our California Employment Attorneys today!