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Why Do I Feel Like I'm the Crazy One Here? Understanding and Legal Protection Against Toxic Workplace Dynamics, by Judith C. Wolff, Esq., practicing California employment attorney

I am not a psychologist, and this is not therapeutic advice. I am an attorney, but this is not legal advice, either. This article is based on my own observations from representing hundreds of employees, academic reading on personality disorders --and some painful experience along the way. None of this is a substitute for advice from a lawyer who knows the specific facts of your situation. But if you're dealing with a narcissistic executive who has started treating your legitimate compliance concerns as personal betrayal, understanding both the psychology and the law can help you decide what to document, what to say, and when to call someone.


Potential clients who contact me for legal representation talk about feeling sick at work.  They describe heightened anxiety at the thought of walking back into the office or logging on Monday morning. Sometimes they've recently started seeing a therapist. They talk about changes in sleep and weight, and a general sense of dread.


Sometimes that dread is justified. They may have missed significant deadlines, or may not be performing up to standard. Or there's a layoff looming and they're likely to be included in it.


But just as often --particularly among my high performing executive-level clients-- there is nothing significantly amiss with their performance. They may be performing at or above expectations by every objective measure. What they've done was alienate a supervisor/boss who displays one or more traits from what's loosely known as "Cluster B" personality patterns, a category defined in the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders (DSM-5) and characterized by dramatic, overly emotional, erratic, or unpredictable patterns of thinking and behavior.


Cluster B Personality Types

Cluster B personalities can be unbelievably charismatic — passionate, intensely brilliant leaders with a way of taking over the energy in a room. They can appear to mirror your interests, enthusiasms, and fears, which generates a strong empathetic response from people who are themselves high in empathy. They think you’re the most wonderful, smartest person in the world who will save this company from ruin  –until they don’t. They tend to be more risk-tolerant than the average person, which can make them look fearless when leading a group of cautious employees into uncharted territory –until they take the company towards the brink of ruin.


The four basic Cluster B types are:


  • Antisocial Personality Disorder (ASPD): a pervasive disregard for the rights, safety, and feelings of others. Individuals may violate societal rules, act aggressively, and show no remorse. They typically don’t show up in the C-suite because they typically lack any interest in charming those who are beneath them.


  • Borderline Personality Disorder (BPD): intense, unstable emotions, a distorted self-image, and chronic feelings of emptiness, often paired with an intense fear of abandonment and impulsive behavior. Probably underrepresented in the C-suite because of patterns of instability.


  • Histrionic Personality Disorder (HPD): an overwhelming desire to be noticed, expressed through dramatic, attention-seeking behavior, rapidly shifting and shallow emotions, and high suggestibility.


  • Narcissistic Personality Disorder (NPD): a deep-seated need for admiration, a lack of empathy for others, and an inflated sense of self-importance. This is the most common B cluster in leadership.


These aren't rigid categories — personality types overlap and share traits with one another. In my experience, the C-suite executives who appear most often and cause the most pain in the workplace — generating the greatest legal exposure for employers down the road — tend to be narcissistic. Research published by the Harvard Law School Forum on Corporate Governance indicates that upwards of 18% of CEOs possess moderate-to-high narcissistic traits — roughly three times the general population average of 5%. A widely cited study by Bond University found that 21% of examined CEOs displayed clinically significant psychopathic traits.


Chances are that your employer’s top person didn’t get there through merit alone; chances are good they're also fairly manipulative. That isn't necessarily a bad thing — history is full of malignant narcissists who accomplished great things despite their proclivities. But if you have regular dealings with a difficult C-suite leader, it's worth understanding what you're dealing with.


The Narcissistic Leader's Impact on the Workplace

Narcissistic leaders typically combine high-stakes vision with severe interpersonal dysfunction. They get promoted through a mix of vision, relentless self-promotion, charm, drive, and fearlessness. That same drive can push a company to spectacular heights in the short term — but the underlying need for admiration, intolerance for dissent, and lack of empathy tend to create a volatile, unsustainable environment that, over time, ends in litigation. Their impact over the long term includes:


  • A culture of fear: innovation stalls because employees become too wary of volatile outbursts or professional retaliation to raise new ideas or flag real problems.


  • Brain drain: the strongest, most self-respecting employees tend to leave first, leaving a weakened bench behind.


  • Litigation and scandal: disregard for rules and appetite for risk significantly raises a company's exposure to fraud claims, lawsuits, and PR disasters.


Tangling with a Narcissist (or other Cluster B-Type)

Narcissists resent having their judgment questioned. Questions and concerns register as insubordination. Narcissists expect employees to align entirely with their version of reality, and they tend to surround themselves with people who will tell them what they want to hear. Dissent, constructive feedback, or objective data are read as personal attacks or disloyalty. When a project fails, they will often rewrite the history of it — convincing the team that the failure was theirs, not a result of the leader's flawed direction.


Behaviors to watch for when you are under the microscope:


  • Erratically shifting priorities and changing goalposts;

  • Reorganizing teams within the company in a way that seems reactive;

  • Insisting that what they told you to do is not what they told you to do;

  • Expressing deep personal disappointment, as though you'd let them down personally;

  • Triangulating employees — anointing a current favorite and a current scapegoat, then watching them fight it out;

  • Micromanaging in a way that signals distrust rather than genuine interest in the outcome;

  • Suddenly looping other people into email threads;

  • Mentioning, unprompted, who in the company doesn't like you;

  • "You're my favorite" talk that quietly turns into indifference;

  • Exclusion from meetings and/or social events;

  • Sudden drop in performance review rating;

  • Using HR to manufacture an official record where none was needed.


How to Protect Yourself From Retaliation

A lot has already been written about how to get along with Cluster B types, from grey rocking to flattery. My focus here is on protection rather than harmony.


Legal Protections

Narcissistic bosses routinely break rules. This is true in their personal lives as well as their professional lives. Rule-breaking is closer to a personality feature than a choice. Narcissists (and the broader Cluster B cluster) tend toward grandiosity and a belief that ordinary constraints don't apply to them. That's not incidental to the retaliation risk — it's why the underlying violations tend to exist in the first place, and why they keep recurring even after being flagged. A garden-variety manager who breaks a regulation once and gets told about it usually corrects course. A cluster B manager experiences the correction itself as an attack, which is what escalates a single compliance issue into an ongoing pattern worth litigating. The narcissist’s need for admiration makes disclosures feel like betrayal rather than business.


This is the dynamic by which whistleblower retaliation claims can arise. If part of your job involves responsibility for compliance with laws that could expose the company to civil or criminal liability, one way to protect yourself from that anger you will stir up is by putting  potential and actual violations on the record with the people responsible for investigating them — and to do it deliberately, not just in passing conversation. If this seems counter-intuitive, to some extent it is. Calling out a Cluster B boss for any infraction is risky, but if you have to do it, do it with thoughts to the future –after you have been terminated for reporting potential or actual legal violations that the cluster B boss didn’t want to hear.


Putting something "on the record" is about what a neutral third party or a court would later be able to see. It doesn't require confrontation.


  • Route it through a channel, not a personality clash. A memo to compliance, HR, the board, or even a written email to the CEO framed as "flagging this for the record so we're covered" reads as diligence, not defiance — especially if you use language that assumes good faith ("I know we'll want to get ahead of this before it becomes a bigger issue").


  • Written channels do double duty. An email is both less confrontational in the moment (no live reaction to manage) and better evidence than a verbal conversation.


  • Timing and specificity matter more than tone. § 1102.5 doesn't require you to have been combative or self-righteous about it. It just requires that you disclosed information you reasonably believed showed a violation, to someone with authority to act on it. A calm, low-key, "just so this is on our radar" email checks that box.


Whistleblowers with a reasonable belief are protected from retaliatory termination. California Labor Code § 1102.5(b) protects an employee who discloses information to someone with authority over them — or to a government or law enforcement agency — where the employee has reasonable cause to believe the information shows a violation of a federal, state, or local statute or regulation. To win a claim, you need to show three things: protected activity (the disclosure), an adverse employment action, and a causal link between the two.

That causal link is more employee-friendly than most people assume. Since Lawson v. PPG Architectural Finishes (2022), California no longer applies the traditional McDonnell Douglas burden-shifting test to these claims. Instead, under § 1102.6, you only need to show that your protected disclosure was a contributing factor in the adverse action — not the sole reason, not even the main one. Once you clear that bar, the burden shifts to the employer, who then has to prove by clear and convincing evidence that it would have taken the same action anyway, for legitimate, independent reasons. That's a considerably heavier lift for an employer than the pretext standard under federal law, and it's worth knowing going in.


A few practical steps make a real difference if a claim ever becomes necessary:


  • Document each disclosure separately — the date, who received it, how it was made (email, verbal in a meeting, a memo to the board), and the specific law or regulation at issue. The statute protects you even if you turn out to be wrong, as long as your belief was reasonable — but the more specific you are, the harder it is for anyone to later characterize it as vague griping;


  • If a disclosure was made verbally, send yourself a timestamped, contemporaneous email describing what was said and to whom. Courts give far more weight to documentation made in the moment than to a reconstruction after the fact;


  • Keep an informal timeline of hostility or retaliatory behavior mapped against your disclosure dates. You want the record to show the adverse action following the disclosure — not some conveniently timed performance issue that appears only after the fact;


  • If you believe you are being retaliated against for having reported compliance issues, consider filing a complaint with HR;


  • For strategy, the time to call an attorney is before you get fired.


Remember the 90-day presumption. If a termination — or any of a list of other adverse actions, including a pay cut or demotion — happens within 90 days of a protected disclosure, § 1102.5(f) creates a rebuttable presumption that it was retaliatory. The burden then shifts to the employer to prove otherwise. If you sense termination coming, resist any pressure toward resigning or accepting a "mutual separation" before speaking with an employment attorney. A successful § 1102.5 claim can recover back pay, front pay, and emotional distress damages. Critically, § 1102.5(j) makes attorney's fees mandatory for a prevailing employee — with no matching fee-shifting risk if you lose, unlike some other California employment claims. Punitive damages are also available where there's evidence of malice or oppression.


Last thoughts:  If you are the target of toxic leadership, consider filing a thoughtful, detailed, fact-specific complaint with HR before it goes any further –while remembering that HR’s job is to protect the company, not you. And if you haven’t taken the job yet, include in your due diligence an inquiry about longevity of employees. A high turnover rate is a critical indicator of internal instability.


Note: These are clinical categories, not labels to pin on your boss. Nothing here is a diagnosis — that requires a licensed clinician's direct evaluation, not an assessment of someone's behavior from across a conference table.

 

 

 
 
 

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