Verbal Abuse at Work: When It Crosses the Line

All employees have a legal right to work in an environment where they feel respected, valued, appreciated, and safe. Employers and co-workers are prohibited from engaging in behavior that is harassing or discriminatory in nature. This includes verbal abuse if it creates a hostile work environment or qualifies as illegal discrimination. While verbal abuse may not cause physical injuries, it can damage your reputation, make it difficult to carry out your job responsibilities, and cause you to suffer ongoing emotional trauma. Oftentimes, however, it can be difficult to know when a comment crosses the line and causes a hostile work environment.

If you have been the victim of verbal abuse in the workplace, a dedicated employment lawyer will discuss the nature of the abuse, determine whether the behavior has created a hostile work environment, and negotiate a fair settlement.

What Is Verbal Abuse in the Workplace?

“Verbal abuse” is “any type of communication towards an employee or co-worker that is meant to be threatening, insulting, malicious, or intimidating.” Unfortunately, it is one of the most common forms of harassment in the workplace, and can affect men and women, regardless of their age, race, sexual orientation, or religion. According to the N.J.S.A. 2C:33-4, verbal abuse is considered harassment if the behavior meets certain criteria. For example, an individual may be found guilty of harassment if they intend to harass, annoy, or alarm another person by engaging in the following behavior:

• They say something or make a comment in an offensively coarse manner or any other manner likely to cause annoyance, alarm, intimidation, or fear. This can include speech, written messages, or gestures.
• They threaten to subject a person to striking, shoving, kicking, or inappropriate touching.
• They engage in conduct or make comments with the intention of alarming or seriously annoying another person.

What Are Examples of Verbal Abuse in the Workplace?

In order to address verbal abuse in the workplace, you must be able to recognize the behavior. The following are common examples of verbal abuse that you may be subjected to by an employer, supervisor, or co-worker:

• Insults and belittling comments. Whether these remarks are made in a joking tone or a more serious manner, they can have the same impact on your self-confidence and self-esteem. If these comments continue over time, it can result in a significant reduction in productivity and job satisfaction. It is important to recognize this behavior and address it before it becomes an ongoing issue.
• Yelling and screaming. If a supervisor or co-worker raises their voice at you in an effort to control or intimidate you, this is a form of abusive behavior and should not be tolerated. This type of behavior can cause anxiety and fear, and ultimately lead to a hostile work environment. While you can learn techniques that help prevent the situation from escalating, including not shouting back, remaining calm, and using neutral language, you may need to report the behavior to Human Resources or a trusted colleague, particularly if the behavior becomes a pattern. Document the incidents by keeping detailed records of when you were yelled at, what was said, and how often the pattern occurred.
• Threats. This is another example of verbal abuse in the workplace that can create a hostile work environment. Whether direct or indirect, threats are meant to instill fear. For example, your employer may threaten your job or imply negative consequences if you do not comply with their demands. If the verbal threats involve harassment or discrimination, your employer may face legal repercussions for their actions.
• Constant criticism. There is a time and a place for constructive criticism in the workplace. For example, during your annual review, your employer may provide feedback about your achievements as well as areas where you can improve. However, while constructive criticism is meant to focus on the work and provide specific suggestions for improvements, abusive criticism is vague, ongoing, and focuses on personal attacks. Keep detailed notes about the unfair criticism and maintain your professionalism when interacting with your employer. If the behavior continues, you may want to consider filing an official complaint.
• Gaslighting. This is a tactic an employer or co-worker may use to make you question your own perception of a situation. Gaslighting behaviors include twisting your words, denying things they said, and claiming that you are overreacting to a situation. This type of behavior can have profound emotional consequences, including self-doubt, questioning your own perception of a situation, confusion, and frustration. If you are able to develop effective strategies for coping with gaslighting, including seeking validation from other employees or professional counseling, you can empower yourself to manage the situation and avoid negative consequences.
• Isolation. Employers or co-workers may use verbal abuse to try to isolate you from your colleagues. This type of behavior may include spreading rumors, excluding you from meetings or work-related events, or discouraging other employees from interacting with you. This can lead to feelings of loneliness, exclusion, depression, and have a negative impact on your morale and job satisfaction. In addition to reporting the behavior, you can take proactive steps to rebuild relationships with colleagues, clarify misunderstandings, and address any misinformation that has been spread via rumors.
• Sarcasm and mockery. When this type of behavior is severe, ongoing, or is used in a way that is discriminatory, it is a form of abuse. For example, if someone makes a sarcastic comment about your sexual orientation or your disability, this can cause you to feel ridiculed based on your protected class. While responding to the sarcasm or mockery with assertiveness can help establish boundaries, you may file an official complaint if the behavior continues.

When Is Verbal Abuse Considered Employment Discrimination?

According to the EEOC, if verbal abuse violates Title VII of the Civil Rights Act of 1964, it may be considered illegal discrimination, which is unwelcome conduct that is based on the following protected characteristics:

• Race
• Religion
• Sexual orientation
• Age
• National origin
• Marital status
• Disability
• Genetic information

When Can I Sue for Verbal Abuse in the Workplace?

There are a number of factors that the court will consider to determine whether verbal abuse has caused a hostile work environment or violates your rights under discrimination laws, including the following:

• The pattern of verbally abusive behavior was recurring and sustained over time.
• The behavior was severe and caused emotional harm or disrupted your ability to do your job.
• Your employer failed to investigate the issue or take the necessary action to address it.

How Do I Address Verbal Abuse in the Workplace?

If you have experienced verbal abuse at work, it is important to take proactive steps to address the behavior, prevent it from continuing, and ensure that your legal rights are protected, including the following:

• Keep detailed documentation of the abuse. This will help you support your claims and provide a factual account of the verbal abuse you have experienced. Evidence may include copies of emails, text messages, voicemail messages, or statements from witnesses who observed the behavior.
• Set boundaries. Communicate with the person who is being verbally abusive about why their behavior is unacceptable and the impact their comments have had on your ability to do your job. If you allow the abusive behavior to continue, it can undermine your ability to establish a respectful, professional relationship. If your efforts to establish boundaries are not effective, seek support from Human Resources, a supervisor, or consider filing an official complaint.
• Report the verbal abuse. Before you report the abuse, make sure that you have all of your documentation organized, and familiarize yourself with your company’s reporting policies. Once you have reported the abuse, follow up with Human Resources or your supervisor to make sure they are taking the necessary steps to address the situation. By staying engaged in the process, you are more likely to reach a positive outcome.
• Consider professional help. Verbal abuse can have a negative impact on your mental health, particularly if it is ongoing and severe. A therapist or counselor who specializes in work-related issues or trauma can provide effective strategies to cope with your stress and anxiety, and recommend proactive steps you can take to prevent the abusive behavior from continuing.
• Contact an experienced employment lawyer. A dedicated employment lawyer will discuss the verbal abuse you have been subjected to, determine whether it is discriminatory in nature or creates a hostile work environment, and recommend a legal course of action that will result in the best possible outcome.

Our Cherry Hill Employment Lawyers at The Gold Law Firm P.C. Advocate for Victims of Verbal Abuse in the Workplace

If you or someone you know has experienced verbal abuse in the workplace, do not hesitate to contact our Cherry Hill employment lawyers at The Gold Law Firm P.C. We understand the impact this type of behavior can have on your ability to be a productive employee. Our highly skilled legal team will investigate the details of your case, ensure that your legal rights are protected, and negotiate the best possible settlement. To schedule a free consultation, call today at 215-569-1999 or contact us online. With office locations in Pennsauken, New Jersey, and Philadelphia, Pennsylvania, we proudly serve clients in the surrounding areas.