Hostile Work Environment? Red Flags You Should Not Ignore

How can you tell if your boss is merely a “tough boss” or if they are a “toxic boss” who creates a hostile work environment?  If your boss merely holds all employees to the same high standards, or has a less than pleasant demeanor towards everyone, then it is likely the behavior could be legal.  However, if you are treated more harshly that others, and you think it could be due to your age, race, gender, national original, disability or other Title VII protected class, you want to explore the possibility that you are the victim of a toxic boss. 

Here are some red flags to look for- and not ignore:

1.)   Once you hit your targets or goals, the boss shifts the goal posts, or changes the requirements retroactively so you won’t succeed;

2.)   You are excluded from critical meetings, the boss ignores your emails, the boss does not support you in meetings -or even disparages you to peers and clients - and otherwise acts to cut off your support system, and

3.)   The boss denies that conversations happened, blames you for things the boss did or didn’t do, and makes you question your own reality.

What can you do about this?  Please do not run right away to Human Resources and think that they are going to come to your aid.  The job of Human Resources is to protect the company, not you.  When you see these red flags, schedule a consultation with an employment lawyer that represents employees so the independent attorney can work with you to assess whether your boss is toxic or just tough, and to come up with coping strategies and an effective plan of action.

Documentation is your best friend in these situations.  Documentation helps your attorney line up the pattern of evidence to support and build your case.  Here’s what you can do:

1.)   When a hostile event takes place, document it right away.  But do so only on a personal computer or device that is not connected to the company IT network. Never, ever put your documentation on a company-owned device or on work email.  Company-owned equipment and email systems are actively monitored and what you write can be read by the company.  Also, if your employment is terminated, you will no longer have access to documentation unless it is on your personal computer at home.

2.)   When you document a hostile event, write it like a reporter would:  who, what, where, when, why and how.  That helps identify witnesses, sets a chronology, and also keeps emotions out of it.

3.)   After a negative event, for example, the shifting of a goal, do a “CYA” email to summarize the encounter and the next steps that you believe are expected.  Then you can send this to the boss, their boss and HR. If the boss does not rebut it, then you have set the record and created a narrative for your case, time-stamped by the company email.

All your documentation should be coordinated with your legal counsel before you go to Human Resources to complain so that you can effectively document a hostile work environment and maximize your ability to obtain relief and survive this situation. Don’t walk this path alone – get the support you need to survive.