Being Bullied at Work

Attorney advertisement by Joanna Ghosh of Lawyers for Justice, PC, headquartered at 450 N Brand Blvd, Glendale, CA 91203

Bullying doesn’t just happen at school; it’s alarmingly common in the workplace. In fact, nearly 30% of workers report having experienced workplace bullying, a 57% increase since 2017. These experiences often go beyond minor disagreements, involving serious patterns of mistreatment such as public humiliation, micromanagement, social exclusion, excessive monitoring, and sabotage of work.

While bullying at work isn’t always illegal, it can have devastating effects on morale, mental health, and productivity. And in certain cases, especially when bullying targets protected characteristics or creates a hostile work environment, you may have legal grounds to take action against your employer.

Being Bullied at Work

Workplace bullying can take many forms; it isn’t always loud, obvious, or physical. It can be subtle, persistent, and emotionally draining. A workplace bully often shows up as a pattern of behavior meant to intimidate, undermine, or isolate an employee. Common examples of bullying incidents include:

• Verbal Abuse: Including insults, harsh criticism, or shouting, either in private or in front of others.
• Undermining Work: A bully may intentionally withhold information, sabotage projects, or take credit for someone else’s work to diminish their performance.
• Exclusion: Consistently leaving someone out of meetings, communications, or social events can be a tactic to make an employee feel unwelcome or undervalued.
• Unreasonable Expectations: Setting someone up to fail by assigning unrealistic workloads or impossible deadlines can be a form of targeted mistreatment.
• Spreading Rumors or Gossip: Damaging someone’s reputation through lies or half-truths is a subtle, but harmful, form of bullying.
• Micromanagement or Surveillance: Excessively monitoring an employee’s every move—especially when others are not treated the same—can be another form of control and intimidation.
• Physical Abuse: Inflicting physical violence or threatening a coworker isn’t just bullying; it may also be subject to criminal prosecution. If you or someone you know is being physically abused, contact the authorities.

Recognizing these behaviors is the first step in documenting them and understanding whether they rise to the level of unlawful workplace harassment. If you are experiencing sexual harassment, reach out to La Dama Justicia’s employment lawyers for a free consultation.

Strategies for Dealing with Bullying at Work

Dealing with workplace bullying can be difficult, especially when it affects your sense of safety and dignity on the job. However, there are several steps you can take to protect yourself and begin addressing the situation:

• Speak with a Trusted Colleague: Sometimes a second perspective can help clarify what’s happening. Talk to a co-worker you trust to see if they’ve noticed the behavior or experienced anything similar. If a colleague comes to you about bullying, listen with empathy and take their concerns seriously.
• Address the Behavior Directly (If Safe): If you feel safe doing so, consider calmly confronting the person engaging in the bullying. Let them know how their actions are impacting you. Bullies may not be aware of how their behavior is being received.
• Report the Bullying: If the behavior continues or escalates, document specific incidents and report them to your supervisor or human resources department. A formal complaint that includes dates, witnesses, and details can be essential. Most employers have policies in place to address these issues and are legally required to maintain a safe and respectful workplace. Many employees may also file a complaint with the Equal Employment Opportunity Commission (EEOC).
• Contact an Employment Lawyer: If your complaint went unrecognized, you may need to seek legal advice. Organizations are required to acknowledge and address their employees’ complaints regarding unlawful discrimination. Remember: your employer is not allowed to retaliate or fire you after you made a complaint.

The Impact of Workplace Bullying

Workplace bullying can have serious and lasting effects on the well-being of employees. Workers who are bullied often experience heightened stress, anxiety, and depression, which can lead to low self-confidence and physical health problems like headaches, insomnia, or high blood pressure. Over time, even high-performing employees may struggle to concentrate, lose motivation, or feel unsafe in their work environment.

The professional consequences can be just as damaging. Targets of bullying may find their performance questioned, their chances for promotion sabotaged, or their reputation with their co-workers tarnished.

Some are forced to take medical leave or even quit their jobs just to protect their mental health. In severe cases, bullying can lead to long-term career setbacks or financial instability. In California, repeated or targeted bullying may qualify as harassment under employment law.

Workplace Bullying Laws

While not all bullying at work is illegal, certain forms of workplace bullying can cross the line into unlawful behavior, especially when tied to discrimination or harassment based on protected characteristics.

Under California law, workplace bullying becomes unlawful if it is against a protected class; If the bullying is motivated by your race, gender, sexual orientation, marital status, disability, national origin, religion, age (40 and over), or another protected category, it may qualify as harassment under the Fair Employment and Housing Act (FEHA). In these cases, you’re not just dealing with rude or hostile behavior, you may have a legitimate legal claim.

Even if the bullying isn’t overtly discriminatory, if it creates a hostile work environment or interferes with your ability to do your job, it’s important to document the incidents and report them internally. California also requires employers with 5 or more employees to provide anti-harassment and abusive conduct training, reflecting the state’s recognition of how damaging bullying can be.

If your employer fails to act or retaliates against you for reporting the behavior, you may have grounds to pursue legal action. La Dama Justicia’s attorneys at Lawyers for Justice, PC specialize in winning compensation after an employee is the victim of harassment.

Examples of Workplace Bullying

• Kim had just started her new job and was eager to prove herself. During a team meeting, she presented her progress on a project. Her manager interrupted with, “This is what you call progress? My 10-year-old could’ve done better.” Everyone laughed nervously. It wasn’t the first time he made an example out of her in front of others—and it wasn’t the last.
• Joseph is a software engineer. He recently got hired at a tech startup. Herman is a member of the team who has been working there for 3 years already. Herman would always make fun of Joseph any time he was a minute or two late. As a result, Joseph started to develop a reputation for his tardiness despite the fact that Herman was regularly 30 minutes late himself. These rumors made it difficult for Joseph to do his job effectively because his reputation had diminished among his coworkers.
• After returning from medical leave, Pablo’s manager assigned him three major audit reports and expected updates by the end of the week. When Pablo expressed concern about the workload, his manager snapped, “Well, if you can’t handle it, maybe this job isn’t right for you.” Meanwhile, his colleagues had half the workload with twice the time to complete it.

Is Bullying in the Workplace Illegal? – FAQ

Can I sue for being threatened at work? Yes, if the threat involves physical harm or creates a hostile work environment, you may need to take legal action, especially if your employer fails to intervene.

Is slander at work considered bullying? Yes, spreading false statements about a coworker can be a form of workplace bullying and may also qualify as defamation if it damages your reputation.

How do I handle a bully at work? Document the behavior, speak up if it’s safe, and report the bullying to HR or a supervisor. Remember to talk to other employees to see if they’ve witnessed any of the bully’s actions. If it continues, consider consulting an employment attorney.

Can you sue for workplace bullying? Only if the bullying is tied to a protected class (like race, gender, or disability) or creates a hostile work environment. Otherwise, it may not meet legal standards for a lawsuit.

What should I do when HR is the bully? Issues with HR can be particularly difficult to deal with. You should start by talking to a higher-up supervisor about any issues you have with HR. If all else fails, file a complaint with the Equal Employment Opportunity Commission. It’s also best to consult with an employment attorney to help navigate the situation.

Can you sue for workplace harassment? Yes, if the harassment is based on a protected characteristic (like sex, race, religion, etc.) and is severe or persistent enough to create a hostile work environment.

When does abusive conduct constitute illegal workplace harassment? Abuse becomes illegal when it’s tied to a protected class and creates a work environment that’s intimidating, hostile, or offensive.

What is targeting in the workplace? Targeting occurs when an employee is consistently singled out for unfair treatment, criticism, or exclusion, often as part of bullying or retaliation.

Can you sue for verbal abuse at work? It depends. Verbal abuse that’s discriminatory based on a protected class may be grounds for legal action.

Can you sue a coworker for defamation? Yes, if a coworker knowingly spreads false information about you that damages your reputation or career, you may have a valid defamation claim.

Attorney advertisement by Joanna Ghosh of Lawyers for Justice, PC, headquartered at 450 N Brand Blvd, Glendale, CA 91203