Lunchroom gossip is common in most workplaces, and when it’s malicious, it can damage relationships and affect morale. But can it also create work-related injuries that employers are on the hook for? We’ll tell you why a California appeals court has ruled that one workplace gossip victim was not entitled to workers’ comp benefits—but why you still need to use caution in these circumstances.
Employees Speculate About Affair Between Co-Workers
Carrie Geredes, an Atascadero Unified School District bus driver, had an affair with a co-worker while each was married to someone else. After the affair ended, another co-worker told Geredes that employees—including Geredes’ former paramour and another married man she was pursuing—were gossiping about the affair and calling Geredes a “tramp” and “husband stealer.” When Geredes complained to her supervisor, the district took immediate steps to stop the talk.
Geredes then filed a workers’ compensation claim alleging a psychiatric injury stemming from a hostile work environment and sexual harassment because of the gossip. The school district argued that Geredes’ injury didn’t stem from employment because the gossip pertained only to her personal life.
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Gossip Not Connected To Employment
The appeals court ruled that Geredes wasn’t entitled to workers’ comp benefits. The court explained that an employer is liable for workers’ comp benefits for an employee injury that arises from the person’s employment. However, an injury that grows out of a personal grievance between the injured employee and a third party doesn’t stem from employment simply because, by chance, the injury occurred at work.
In this case, Geredes’ affair had nothing to do with her employment. And even though Geredes and her paramour were both district employees and the gossip occurred during work, the nature of her duties wasn’t the cause of the injury but merely provided a stage for it.
Caution Required
Although an employee in these circumstances isn’t entitled to workers’ comp benefits, employers could still find themselves in legal hot water over workplace gossip. That’s because this behavior could lead to a charge that the gossip amounted to harassment. Thus, if an employee complains about workplace gossip—even if it concerns off-duty events—it’s critical to investigate the complaint promptly and to end the gossip.