Q: This is not in the workplace or at a school, but happening at our church, where I am active. There is an older man who keeps saying denigrating things to me and about me. He angrily criticizes my efforts, and is hostile about the events that I am involved with (he describes my “screw ups”). Is this something that can be dealt with in a court case? I have talked to him plainly and courteously to stop but he has not. He does it sometimes just the two of us, sometimes with others present. It is not infrequent and has been going on for more than two months. I am a middle aged single woman.
P.D., Fullerton
A: Bullying is decidedly negative and inappropriate behavior. To assess if a viable claim can be brought could well turn on what the individual did and/or said, where it occurred, and what harm resulted.
A number of inquiries arise: Are you stressed as a result? Have you gone to a doctor? Are you losing sleep? Is your blood pressure up? Do you feel anxious? Do you fear for your safety? Have you sought any counseling and/or discussed the situation with others? Is this tarnishing your reputation or impacting your income in any manner? I wonder also if this person has some kind of mental illness. Is there any video tape of his untoward conduct. Witnesses would be helpful to confirm his aberrant conduct.
In school, bullying can range from verbal remarks to physical contact to cyber attacks. Bullying in the school setting can be in the form of threats, or actions that cause social exclusion. As to the workplace, bullying can be actionable if it is against a protected classification (such as your gender or age), involves discrimination, retaliation, rises to an assault or battery, or meets the criteria for a claim of intentional infliction of emotional distress.
Bottom line, you should consult with a qualified lawyer. I am not able to say you have a claim, or if so, what kind of claim, until I know more, but I am very sympathetic. Perhaps a letter from a lawyer putting this guy on notice might be useful. Then if he persists, a claim may be the next rational step.
Q: Is bullying a crime in California?
K.H., Tustin
A: California does not have a specific statute entitled “bullying.” Such conduct can, however, violate criminal statutes if it involves or includes threats of violence, stalking, harassing communications, assault, criminal threats, or battery.
For instance, stalking may bring Penal Code Section 646.9 into focus. Repeated threats could well be proscribed by Penal Code Section 422.
Protection from harassment
Here is a useful link that helps to describe a petition that can be brought in court to restrain harassment: selfhelp.courts.ca.gov/CH-restraining-order. Keep in mind the behavior does not have to be misconduct only done in person, but for example could be carried out over the internet.
Ron Sokol has been a practicing attorney for more than 40 years, and has also served many times as a judge pro tem, mediator, and arbitrator. It is important to keep in mind that this column presents a summary of the law, and is not to be treated or considered legal advice, let alone a substitute for actual consultation with a qualified professional.