Is it legal if I request a co-worker to stop making non-work-related comments towards me?
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Is it legal if I request a co-worker to stop making non-work-related comments towards me?
This is a hostile co-worker who yells at me repeatedly, with or without reason. I complained to the management, but HR says ‘yelling’ is not an illegal behavior, and eversince my complaint this co-worker has started annoying behavior including ‘muttering’ around me in a hateful manner, and approaches me in the breakroom with abrupt/ rude tone and attitudes but pretending as if he is merely ‘socializing’. Is it legal if I formally ask him to refrain from making non-work-related comments towards me in the workplace?
Asked on January 1, 2018 under Employment Labor Law, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Unfortunately, unprofessional and rude behavior in the workolace is not actionable. In order to have a claim for something called a "hostile work enviornment", your treatment would have to be due to your race, religion, gender, nationality, disability, age or any other form of legally actionable discrimination. The fact is that unless these actions violate the terms of a union agreement or employment contract, there really isn't much that you can do about this except find a new job.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Unfortunately, unprofessional and rude behavior in the workolace is not actionable. In order to have a claim for something called a "hostile work enviornment", your treatment would have to be due to your race, religion, gender, nationality, disability, age or any other form of legally actionable discrimination. The fact is that unless these actions violate the terms of a union agreement or employment contract, there really isn't much that you can do about this except find a new job.
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