How Do You Prove A Toxic Work Environment in California? (2024)

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How Do You Prove A Toxic Work Environment In California?

There are several ways to prove your work environment is toxic, including: text messages, recordings, emails, performance evaluations, turnover rate, and any other evidence of low workplace morale. These are all indicators of a toxic work environment.

Noone wants to work in a toxic environment, regardless of how well you’re paid or what other benefits you may receive. Unfortunately, toxic work environments exist all throughout California. Whether it be the unreasonable expectations your boss puts on you or the unhealthy levels of competition and lack of boundaries your job instills, toxic work environments are ultimately destructive to morale. And in some cases, if the work environment is toxic enough, it can be 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.

Toxic Versus Hostile Work Environments

The term “toxic”’ work environment is usually used interchangeably with “hostile” work environment. While there is indeed much overlap between these two categories, it’s important to differentiate between them. Probably the easiest way to understand the difference is that a toxic work environment doesn’t discriminate, it applies to the entire workplace. Whereas a hostile environment is created due to harassment, discrimination, and retaliation.

Toxic

A toxic workplace has many characteristics, but the overarching theme is: unhealthy. It involves damage at every level. Moreover, it spreads throughout the workplace, touching every employee and member of the management team. While some workplaces lend themselves to more stress and danger than others, it’s important to understand that a toxic workplace will often lead to a hostile work environment.

Hostile

A hostile work environment, on the other hand, applies to only specific individuals that have protection from harassment and discrimination under the law because of one or more of their characteristics. While a toxic work environment can, and usually does, lead to a hostile work environment, only a hostile work environment is explicitly outlawed. Still, it’s helpful to understand how a hostile work environment is defined:

• Unwelcome conduct, or harassment, is based on protected characteristics like race, gender, sex, pregnancy, religion, national origin, age, disability or genetics, or is based on the engagement of a protected activity like whistleblowing.
• The harassment is continuous and long-lasting
• The conduct is “severe and pervasive” enough that the work environment becomes intimidating or abusive.

Again, California law absolutely forbids employers from fostering and continuing a hostile work environment. These laws protect you in the workplace, and when you are forced to work in a hostile work environment, you have the legal right to stand up to your employer and hold them accountable.

How Do I Prove I’m Working in a Toxic Work Environment in California?

Simply having legal protections doesn’t always prevent you from having to be subjected to a toxic work environment. Indeed, any claim you may have for working in a toxic or hostile work environment is going to require proof.

Thankfully, there are a few ways you can do this:

• Report the Conduct to Management – Often, the first step in proving there’s a toxic work environment is to report the toxic behavior or conduct to management. At that point, they will be put on notice that you are uncomfortable, and they have a responsibility to fix the problems. Likely, especially if the workplace is indeed toxic, your employer won’t do anything. This can be difficult, but it ultimately shows that they don’t care about your safety or health in the workplace, which is strong evidence for a potential claim.
• Gather evidence – There are other strong pieces of evidence for a potential claim arising out of a toxic work environment. This includes concrete proof that the work environment is toxic. Usually, this is found in emails, messages, recordings, and other documentation that shows the level of toxicity you’re dealing with in the workplace. Further, providing this evidence to management will only put the ball further in their court to take action.
• Take Further Action – Fighting a hostile work environment takes courage, even with sufficient evidence and proof. Still, no amount of money or advancement is worth sacrificing your mental health. A toxic work environment is extremely harmful, and the more time you spend in it, the worse off you’ll be. Moreover, if the toxicity is such that it makes it impossible to work there anymore, you can quit and still enjoy legal protections. You may also be able to report extreme treatment to authorities and let them take care of it.

Again, this proof is extremely important to a potential claim for damages and compensation. However, that said, no amount of proof is a guarantee of a positive outcome should you bring a claim. It takes courage to stand up to a toxic work environment, but it also takes a team of experienced California employment lawyers to help you.

What Can I Do About Toxic Work Environments in California?

When you report a toxic or hostile work environment to your employer, you have engaged in protected activity. At that point, if your employer fires you or retaliates against you in another way, you can file a lawsuit or register a formal complaint with the California Department of Fair Employment of Housing (DFEH). The DFEH is the administrative body responsible for enforcing California’s anti-hostile work environment laws.

DFEH Complaint

Filing a formal complaint with the DFEH is a great way to initiate a claim. As the administrative agency charged with enforcing California’s workplace laws, the DFEH can actually go into your workplace and conduct an investigation. Very likely, they will uncover firsthand evidence of the toxic work environment before issuing an order that forces your employer to make changes. Once your claim is closed, they’ll also issue you a right to sue letter so you can file a lawsuit for monetary damages.

Lawsuit

When you’ve suffered a toxic work environment, you will very likely have taken financial and emotional damage. In these situations, you can file a lawsuit that allows you to recover payment for these damages, usually including:

• Lost wages
• Back pay
• Pain and suffering
• Emotional distress
• Punitive damages in severe cases

Recovering damages is a practical outcome of any lawsuit, but a potentially more beneficial one is forcing your employer to change their practices and to take their responsibilities to the health and wellbeing of their employees more seriously.

Hold Your California Employer Accountable For a Toxic Work Environment

Given the amount of time you spend at work, you shouldn’t have to suffer through a toxic work environment. The fact is, the workplace should be a safe space. When your employer fosters a toxic work environment, they need to be held accountable. Our team of compassionate and dedicated California employment lawyers at Maison Law will help you do just that. Contact us today for a free consultation to get started.