Bakersfield Attorney Who Speaks Spanish to File Hostile Workplace Lawsuit
Are you a native Spanish Speaker living in the Bakersfield area? Are you forced to work in a hostile workplace environment where your employer or coworkers intimidate and abuse you on a regular basis? Fortunately, with the help of a Bakersfield attorney who can speak Spanish with experience in hostile work environment cases, you may be able to find a successful outcome to your case. Many who experience hostility at work are often left in the dark in regards to what their options are in finding a resolution to their situation. Often the stress of an intimidating and abusive work environment can help either pressure workers out of their position or force them to endure continued mistreatment. At California Employment Attorneys Group our Bakersfield workplace bullying and abuse attorneys can walk you through the process of suing your boss and reaching a satisfactory resolution to your case. If you have any questions after reading this article, please feel free to reach out to our Spanish law firm near Bakersfield, California, for a free consultation from one of our well-versed legal advisors.
Spanish Speakers Living In Bakersfield Who Experience Hostile Workplace Environments
The Bakersfield metropolitan area is located in California’s Central Valley and is widely known as one of California’s many bustling agricultural hubs. Based on a 2010 census, Bakersfield is home to approximately 839,000 people. Bakersfield is located in Kern County and is one of the largest cities in Central California.
Native Spanish speakers living in Bakersfield can experience hostile work environments as a result of the actions and behavior of their employer or a coworker. Often, Spanish speaking victims of workplace bullying, are left unaware of what their resources are regarding seeking a resolution to their hostile work environment. As a result, many Spanish speakers either continue to work under this hostile environment or are pressured from their jobs. In some instances, companies don’t have the resources to assist those who only speak Spanish, even if their Human Resources department could somehow resolve the issue.
Hostile work environments can be incredibly devastating for those who have to endure them, as they involve repeated abuse and harassment from a co-worker or employer. These hostile environments can keep a worker from fulfilling the day-to-day requirements of their job and can make work a stressful and emotionally draining process. Fortunately, native Spanish speakers who suffer from hostile work environments can file a hostile job environment lawsuit against the employer or company responsible. However, filing these lawsuits can be somewhat complicated as some criteria first must be met before you can bring the case forward. For this reason, it is incredibly important that you seek legal guidance from an experienced Spanish speaking attorney to help you sue your employer for creating a hostile work environment.
Can I Sue My Employer For A Hostile Work Environment?
The simple answer to this question is yes; you can sue your employer for creating and facilitating a hostile work environment. However, as mentioned prior, doing so can be incredibly complicated, and multiple elements must be present in your case for you to bring a case forward. To file a hostile work environment lawsuit in the state of California, one of the two following items must be present in your case:
- The hostility shown by your employer involved discrimination or;
- The employer’s hostile and abusive actions breached some formerly agreed to contract between you and the employer.
Essentially, California state law dictates that hostile work environments are only considered illegal if your employer is discriminating against you or is breaching a contract by doing so. That is not to say that you cannot resolve if neither of these elements is present in your case. Human resource departments are put in place to resolve these exact issues. By contacting an HR representative, you can find a solution to your case as they will more than likely not want to have to settle your case in a civil court.
Filing a workplace bullying lawsuit on the bases of a breach of contract can be somewhat tricky, as every contract is different and each one has their long list of exceptions and fine print. For this reason, if you are a native Spanish speaker that is experiencing a hostile work environment that is somehow breaching a contract you should reach out to a lawyer that is well versed on the rights of workers in Bakersfield and the greater state of California.
When filing a lawsuit against your employer for creating a hostile work environment based on discrimination, some of the following elements must be present in your case.:
- The actions of your employer must show, in some way, that they are discriminating against you based on your religion, disability, race, color, or age.
- Your employer’s behavior and actions must last for an extended period. As such you cannot sue your employer for one off-handed comment. Any and all incidents where your employer abused you and created a hostile work environment should be recorded and filed with your company’s HR department.
- If your company does nothing or little to nothing to remedy the issue after repeated reports of harassment, you can move forward with legal action against your employer.
- The actions of your employer must be severe and consistent enough to disrupt your ability to fulfill the requirements of the job, by hindering your day-to-day work.
Regardless of the situation surrounding your hostile work environment, it is incredibly important that you seek the legal guidance of a Spanish speaking Bakersfield attorney that is experienced in California laws regarding hostile work environments. With a skilled Bakersfield workplace bullying and abuse attorney on your side, you can better navigate the hurdles associated with filing a claim against your employer.
The Process of Filing A Hostile Work Environment Lawsuit Against A Employer
As mentioned prior, there are some obstacles involved with filing a hostile work environment against your employer. However, that is not to say that filing a lawsuit is impossible. There are certain steps that you should follow before eventually filing a claim against your employer. These crucial steps are bulleted as follows:
- Contact an HR Representative: The first thing you should do is report every incident of abuse to your company’s Human Resources department. These departments are put in place to fight for the rights of their employees and resolve issues of this nature. Often, cases will be resolved at this point as a result of the actions of an HR representative. By reporting your incidents, you not only document the harassment, but you can also show a jury that you exhausted all options of solution before relying on legal action.
- Collect Any and All Evidence: If your HR department fails to remedy the issue, you may need to file a report with either a state or federal anti-discrimination agency. Before you do so, you should gather any and all evidence you need to support your claims. This evidence can include things like photographs, video footage, or audio recordings of incidents of harassment; text messages, phone calls, emails, or other points of contact shared between you and your employer or; eyewitness testimonies from co-workers, customers, or even family members that back up your claims. At this point, you should consult a workplace bullying and abuse attorney in Bakersfield if you haven’t already.
- File a Report With an Anti-Discrimination Agency: Before you can file a lawsuit against your employer, you must file a report with either the federally run Equal Employment Opportunity Commission (EEOC) or a state-run agency. These agencies will review your case, and either give you the approval to sue or reject your right to sue an employer. During this period, it is highly recommended that you keep a low-profile at work as you do not want to give your employer any evidence to later dispute your claims in court.
- Move to Court or Resolve: If the anti-discrimination agency approved your case, you and your attorney would receive a ‘right-to-sue,’ letter, giving you the go-ahead to take your case to court. However, at this point, many cases settle as companies would rather settle a case than expend the exuberant legal fees to fight the case in court. It is up to you whether you want to take your case to court or not, and before making a choice, it is highly recommended that you reach out to your Spanish speaking lawyer for advice on the best course of action.
Regardless of what route you decide to take in settling your case, it is crucial that you retain legal guidance from a Spanish speaking hostile work environment attorney. The process of suing an employer for creating and facilitating a hostile, abusive, or intimidating work environment can be incredibly challenging, and any misstep can result in your case being thrown from court, or never managing a settlement. If you are only fluent in Spanish, having a Spanish speaking workplace bullying attorney can make the difference in the eventual outcome of your case.
About California Employment Attorneys Group
The stress of discrimination or harassment can often be unbearable for victims of hostile work environments; this is especially true of native Spanish speakers. If you or a loved one are experiencing a hostile work environment, yet are unsure of what your next steps should be, you may wish to reach out to a Spanish speaking attorney hostile work environment attorney in Bakersfield, California. Having the right attorney representing you and your case can make the difference between filing a successful claim for resolution, and continuing to experience the abuse and harassment present at your place of work. At California Employment Attorneys Group, our experienced Spanish speaking hostile work environment attorneys can guide you through the often-arduous process of bringing your case to fruition. If you don’t speak English, you can contact our Spanish-speaking employment attorneys, directly by reaching out to our law offices. While our law firm is based near Bakersfield, our attorneys also practice in Oakland, San Francisco, San Diego, Sacramento, Modesto, Riverside, Fresno, San Clemente, Santa Cruz, and throughout the state of California.
Free Second Opinions
Other attorneys will sign you up for their firm but will disappear once your name is on the paper as they are busy signing up more cases. In these instances, their business is based more on volume and will attempt to sign up as many cases as possible. In turn, they will spend less time on cases resulting in severely reduced settlements. Our firm will not treat you like a number. We will be in communication with you throughout our lawsuit and will treat you like family. So if you already have an attorney don’t worry, we’ll give you a second review of your case 100% free of charge.
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If you contact our law offices today, we can walk you through the complicated process of filing your claim completely free of charge. As a show this commitment to you and your case we offer our clients the benefits of a zero fee guarantee policy. Under our zero fee policy, all clients don’t pay for our services until their case is won. If you feel in need of a second opinion, second opinion case reviews are also free under this policy. Please, feel free to give us a call, and we can guide you down the path of receiving proper compensation for your damages.