Lancaster & Palmdale Attorney to File Workplace Bullying Harassment Lawsuit
A hostile workplace environment is not something that any employee should be forced to endure. Unfortunately, there are many cases where a coworker, boss, or other individual at a job may make the work environment uncomfortable or hostile for everyone. Worse, multiple individuals may be involved in the hostility, making it even more difficult to stop, as there is solidarity in numbers and many are afraid to stand up to the negativity. It is important that you realize there are ways to get compensation for your damages stemming from workplace hostility, and in doing so, you may change the work environment for the better. A hostile workplace environment attorney in Lancaster or Palmdale can help you move forward and take legal action against the responsible party. We can help you sue your boss for allowing the harassment to continue. Some ask if you can sue your employer, and the short answer is yes, we can sue your employer for creating an environment that breeds hostility and prejudice. Our team of attorneys at the California Employment Attorneys Group will tirelessly work to win your case. Clients often call us with questions about how to deal with hostility at work. Examples of these questions include:
- Who is the best Lancaster and Palmdale attorney with experience in hostile work environment cases?
- Where can I find an experienced attorney to sue your employer for a hostile work environment?
- What is California law regarding hostile workplace environments?
Rights of Employees in Lancaster and Palmdale and throughout California
Lancaster and Palmdale both have individual rules regarding discrimination in the workplace, but for the most part, California adheres to the same rules that the federal government of the United States enacted. The government, over the course of half a century, passed numerous Acts that disallowed discrimination in the workplace. Companies could no longer refuse to higher people based on certain characteristics, and if there were any harassment in the workplace that occurred because of these characteristics, the company could face persecution.
Some of the most relevant Acts that were passed include the following:
The Civil Rights Act of 1964: Although this Act accomplished many different things, one of the sections, Title VII, was written to refer directly to the workplace. It states that no employer can refuse to hire a prospective worker based on that worker’s race, ethnicity, country of origin, sex, skin color, religious preference, or otherwise. This means that all workers, irrespective of their beliefs and traits, are able to be hired, and a business should make its decision on the strength of the applicant’s qualifications.
The Age Discrimination Act of 1967: This act primarily protects individuals aged 40 and above from being discriminated against in the hiring process. Many businesses see it as problematic to hire older workers; these workers often have families and have a need for insurance, days off for various reasons, and more. Younger workers, on the other hand, are generally happier with less pay and easier to replace. The Act made it so that a person cannot be refused hire merely for being over the age of 40.
The Americans with Disabilities Act of 1990: Americans with disabilities often find it difficult to find work. This is no surprise; some disabilities make certain jobs extremely difficult to complete, if not outright impossible. For example, a person with no ability to use his legs who is wheelchair bound would not be able to perform the job duties of a truck driver. He could, however, complete remote work and desk work. Employers who post jobs that can be completed without many physical needs cannot discriminate against those who are disabled.
If you have a question regarding any of these Acts or if you are curious about other laws pertaining to a hostile workplace environment lawsuit in California, contact an attorney in Lancaster or Palmdale for more information.
Identifying Signs of an Abusive Work Environment
In some workplaces, abuse or harassment is commonplace. It may have happened for long enough that those involved do not even see it as wrong or problematic anymore. If this is the case, you should make sure that you have enough courage to come forward and demand that the harassment stops. Some people are not aware of what constitutes harassment or what may create an intimidating work environment, however. If any of the following occurs, you may be an employee in a hostile or prejudiced workplace and should contact a Lancaster or Palmdale lawyer for more assistance.
- Dirty jokes and lewd language
- Offensive pictures, photos, paintings, drawings, or objects
- Sexually explicit emails, pictures or pornography
- Sexual content posted on walls and computer screens
- Physical assaults or threats
- Intimidation or frightening
- Offensive jokes or remarks
- Sexual comments or lewd behavior
- Inappropriate touching, unwelcome physical proximity
- Denied promotions because of your sex or sexual orientation
- Denied or reduced pay raises
- Unwelcome phone calls, emails and text messages
- Derogatory terms or slurs
- Intentional interference with work performance
It is important to note that these occurrences do not necessarily need to happen to you yourself in order for you to file a claim. You may be a bystander who is uncomfortable with the remarks, even if they do not apply to you. For instance, if a coworker constantly makes aggressive or sexual remarks about a female receptionist, his actions may make you, a male, uncomfortable; you have every right to pursue action from an authority figure to see to it that he stops or faces consequences.
Additionally, harassment must be of a certain degree before it can be pointed to as grounds for a hostile job environment lawsuit. Small incidents that do not happen often, minor annoyances, pestering, and irritating statements that are not filled with vitriol or prejudice are generally not enough to warrant filing a claim. If you are unsure whether or not you believe something to be severe enough to be considered intimidating or harassment, contact an attorney at our law firm in Lancaster or Palmdale.
Who is Responsible?
There are levels of responsibility when it comes to hostile workplace environments. On the one hand, those who are perpetuating the harassment can be considered responsible, and should be fined or fired; they can also be sued if the remarks or actions are especially egregious. However, some people ask us, “Can I sue my employer for creating a hostile work environment?” We often answer yes, you can sue your employer if there are no actions taken to reduce the harassment or if it is even proliferated by the company. Sometimes your boss or supervisor may be complicit in the hostility, and the only option is to approach your Human Resources department. In many cases, though, the department does not want to interfere; they would rather have you try to solve the problem yourself than make a big deal out of it, as the event could lead to a scandal or notoriety for the company.
For this reason, you should look into filing a lawsuit against the responsible party, whether it is a hostile coworker, negligent boss, or negligent company.
First, you should document all instances of the harassment as best you can. This includes taking photographs of offensive objects, saving voicemails of hostile calls, recording hostile encounters, taking witness statements or testimonies from coworkers or people who saw the actions unfold, retain copies of emails between you and authorities if you asked for assistance, and more. It is crucial that you have enough evidence or your claim will be thrown out.
Next, approach someone in charge to try and get the harassment to stop. If this does not work, you may have no choice but to seek the assistance of an attorney with expertise in workplace hostile work environment cases.
If you file a workplace bullying lawsuit with our law firm, we will help you receive the necessary compensation for your damages. You deserve a settlement that will cover any traumas you endured as well as any monetary losses. Our attorneys at the California Employment Attorneys Group can assist you in earning:
- Lost wages, which can be reimbursed if you were made to take leave or forced to miss work due to harassment, legal hearings, transfers, or other reasons.
- Pain and suffering due to stress of the discrimination or harassment. These emotional damages can be covered, including PTSD, fear, anxiety, and psychological trauma. It is hard to work through these damages, and money may not be enough, but it can help pay for therapy and other costs.
- Punitive damages, which are difficult to win as many courts view them as unnecessary. They are extra forms of monetary compensation meant to punish the defendant for his actions. The damages are only able to be given out in certain lawsuits, however.
If you have questions, call a workplace bullying attorney in Lancaster/Palmdale today.
How Our Firm Helps
Our law group, the California Employment Attorneys Group, is here to help you receive a settlement for undergoing workplace harassment. We want to make sure that you are fairly compensated for suffering through prejudice at the workplace, and we will not stop until we’ve brought you restitution you are satisfied with. Let our attorneys represent you, and we promise to do our best to bring you justice and effect change in your workplace.
You can call our lawyers for a free and confidential legal consultation on your case. All of our clients should be well informed about the lawsuit they plan on filing, and we will give you any information you need to know to make sure you are totally knowledgeable about the case. Further, all clients we take on are given zero fee guarantees on their cases – meaning you pay no out of pocket expenses throughout the case. We pay all necessary costs, and our payment is taken only if we win your case; the money will come from the settlement we win, so your employer is essentially covering your legal fees. If we lose, you owe us nothing.
Call the California Employment Attorneys Group today to speak with one of our Lancaster/Palmdale workplace lawyers.