Signs of a Toxic Workplace in California

A toxic workplace has many characteristics, but the overarching theme is: unhealthy. It involves damage at every level. Some of the indicators of a toxic work environment include: unhealthy competition, lack of boundaries and respect, bullying, physical symptoms of stress, and high turnover rates.

Every workplace has its own unique environment. Depending on the industry, some workplaces may be more predisposed to being considered “toxic.” This is especially true of high-danger or highly competitive occupations, like construction or finance. Still, the fact remains that fostering a toxic workplace is unacceptable. Worse yet, your employer will often punish you for voicing concerns about how toxic the workplace is. In these situations, it’s important to understand that working in a toxic environment is not only undesirable, but illegal.

Work With Compassionate California Employment Lawyers

Attorney Martin Gasparian and his firm, Maison Law, understands how important a healthy work environment can be to your productivity and earning of income to support your family. More than that, our team of compassionate California employment lawyers can help you understand that it’s not just reasonable for you to expect a non-toxic work environment, it’s your legal right under California law. When your employer subjects you to a toxic work environment, we know how to hold them accountable. To learn more about our system, contact us today.

What Is a Toxic Workplace in California?

A toxic workplace has many characteristics, but the overarching theme is: unhealthy. It involves damage at every level. Some of the indicators of a toxic work environment include:

• Unhealthy competition
• Lack of boundaries
• Lack of respect among coworkers, staff, or management
• Bullying
• Lack of support for growth or wellbeing
• Physical symptoms of stress and anxiety
• Poor communication
• High turnover rates

By no means is this list exhaustive. In fact, a toxic workplace will likely have one or even multiple of these characteristics.

Is a Toxic Workplace Against the Law in California?

Very often, when a workplace is toxic, it eventually becomes hostile if it isn’t already. However, it’s important to understand that, on its own, a toxic workplace is not illegal. This is due to the fact that a toxic workplace isn’t discriminatory. It applies to every worker, regardless of gender, race, age, or any characteristic.

That said, a toxic workplace has some of the same elements that eventually rise to the level of hostility, especially when the conduct becomes unwelcome.

As it stands, California law prohibits your employer from engaging in any activity or conduct that fosters a hostile work environment. Specifically, the law provides the following elements of a hostile work environment:

• Unwelcome behavior on conduct based on a person’s protected characteristic (age, gender, sex, race, disability, etc.) or protected activity.
• The hostile behavior or conduct must be severe or pervasive, meaning that the behavior keeps occurring over and over again despite attempts to stop it.
• The hostile behavior interferes with your ability to do your job, or is such that it fosters an environment of intimidation and abuse.
• A reasonable person would consider the behavior to be hostile or abusive.

When these elements are present, you have a hostile work environment. Thus, when one of the above signs of a toxic work environment becomes motivated by discriminatory or retaliatory reasons, it will also be a hostile work environment.

While your employer has a responsibility to foster a safe work environment that is free from toxicity and hostility, when you voice concerns or lodge official complaints to management about a toxic work environment becoming hostile, your employer then has the legal responsibility to fix the problem-or problems.

What Happens If My Employer Doesn’t Fix the Toxic Workplace in California?

While it is true that your employer has a legal responsibility to fix any issues that are causing a toxic or hostile work environment, not every employer takes this responsibility seriously. In fact, if your employer has been fostering a toxic work environment, it’s extremely unlikely that they will take any steps to fix it. After all, if they were serious about creating a safe workplace, they never would have allowed it to become toxic in the first place.

Still, there are times when a toxic work environment presents gradually, first with innocuous comments, then increasing to consistent unwanted behavior that is allowed to continue. When it becomes clear that the problem is not going to be fixed, you have a few options:

• Remove yourself from the workplace – When your workplace becomes so toxic that it’s not possible for you to work there anymore, you can-and should-quit. While many presume that removing yourself from the workplace means you give up your legal rights, the opposite is actually true. When you quit your job after having made consistent complaints about a hostile work environment, it is known as “constructive discharge”, and still carries the legal protections you would have if you remain at the job.
• Making formal complaints to your employer – In order to be fully effective, your formal complaints of a hostile work environment should be in writing and submitted via proper procedure. Above all, it must be professional, respectful, helpful, concise, and illustrative of the protected characteristic that is motivating the unwelcome behavior in the first place. Your complaints will also have the following effects:
  – Puts your employer on notice that the unwanted behavior or conduct is occurring.
  – Reiterates the fact that your employer has a legal responsibility to take action regarding the conduct or comments.
  0 Provides your employer with the opportunity to take corrective action on the behavior that is creating the hostile work environment.
  – Shows your employer that you’re willing to stand up for your rights and the rights of everyone else in the workplace.
  
• File a lawsuit – When your employer fires, or otherwise retaliates against you for reporting a hostile work environment, they will have broken the law. At that point, you should certainly contact our team of experienced California employment lawyers that can help you file a wrongful termination lawsuit for damages. If successful, you can recover lost wages, back pay, restitution for loss of benefits, costs related to emotional duress, pain and suffering, and mental anguish.

California Toxic Work Environment Lawyers Can Help You

You spend a great deal of your time at work, away from your family and friends, so that you can earn a living. Given this investment of your time and life, it’s not unreasonable to expect your employer would respect your effort and provide you with a safe work environment free of toxicity. Unfortunately, that sometimes is not the case.

When you face a toxic work environment, the team of compassionate and dedicated California employment lawyers at Maison Law will be there to help you. We proudly stand with California employees that come forward against unlawful treatment in the workplace, and work hard to make sure you and your family are compensated for your losses. To learn more about our top-tier legal services, contact us for a free consultation.