Orange County Attorney to File Workplace Bullying Harassment Lawsuit
Being bullied at work by your coworker, boss or employer can have some pretty severe repercussions. Victims of workplace bullying often feel trapped in their position, with only one of two options available: quitting their job or enduring the repeated foul treatment. Fortunately, victims of workplace bullying may be eligible to seek resolution of their case. If you or a loved one have experienced workplace bullying in Orange County, you may be able to sue your boss, or employer, for creating and facilitating a hostile work environment. However, when filing a claim for workplace bullying, it is in your best interest that you seek legal guidance from a workplace bullying law firm with a high record of success. At California Labor Law Employment Attorneys Group our Orange County attorneys have a wealth of experience in fighting workplace bullying cases and are committed to ensuring you earn the settlement that you deserve. If you have any questions after reading this article, please feel free to reach out to our workplace bullying law firm near Orange County for a free consultation from one of our well-versed legal advisors.
Workplace Bullying in Orange County
Orange County, home to cities like Anaheim, Irvine, and Laguna Beach. It is a sprawling county located along the coast of the southern end of California. Known for it’s laid back, beachy, and affluent atmosphere, Orange County attracts people from around the world on a regular basis. Based on a 2015 census, approximately 3.17 million people call the county home. Unfortunately, workplace bullying can occur in the famous O.C just as likely as it can occur in anywhere else in the state of California.
Workplace bullying is often defined as poor, and abusive treatment by a co-worker, boss, or employer that continues over an extended period. Workplace bullying can involve things like shouting, physically abusive, threats, and intimidation. Often victims of workplace bullying experience day to day emotional distress, and in some situations are afraid to go into their place of work. After enough time passes, victims of workplace bullying will either quit their job or endure continued abuse. Fortunately, victims of workplace bullying can sue their employer for creating and facilitating a hostile work environment. Unfortunately, filing a lawsuit against an employer for workplace bullying requires that the employer somehow broke the state and federal laws that prohibit discrimination.
Discrimination is defined as the unfavorable treatment of an individual based on their color, race, sexual orientation, religious background, or personal characteristics. To sue for discrimination in the workplace, one 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 bullied you 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.
So, unfortunately, if you have been bullied at work, yet were not discriminated against, you will more than likely be unable to file a lawsuit against your employer. However, you may still be able to resolve your case by reaching out to your company’s Human Resource department. HR departments are often put in place to advocate for the rights of workers. Their main goal is to settle a case before it can reach a courtroom.
Regardless of whether you decide to reach a settlement with your company’s HR department or wish to file a lawsuit against your employer it is always in your best interest that you seek legal representation from a lawyer experienced with bullying in the workplace cases. This fact is especially true for victims who are trying to file a lawsuit for discrimination, as there is a multitude of legal hurdles that must first be overcome before filing a suit against your employer.
How Do I File A Suit Against My Employer for Workplace Bullying?
Filing a lawsuit against an employer for workplace bullying can be quite complicated, and multiple steps must first be followed before taking your case to court. More often than not your case will be settled before you can even step foot into a courtroom. This is the case, as companies often want to settle a case out of court as to avoid the legal fees that are bound to proceed. However, in some instances, settling your case out of court can result in a settlement that is far lower than what you deserve. Usually, settlement in workplace bullying cases, involve sizeable severance packages, and monetary compensation that cover things like a loss of wages, and a potential loss of future wages. To receive the best settlement for your workplace bullying case, it is always in your best interest to seek legal representation from an experienced attorney well-versed in workplace bullying lawsuits. By consulting an attorney for being bullied by your boss, employer, or coworker, you can better ensure that you receive the settlement that you deserve for your damages. Listed below are the crucial steps you should follow in bringing your case to fruition:
- Contact A 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 Modesto 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.
Whether you are hoping to settle your case early with your company’s HR representative, or you want to take your employer, boss, or coworker to court, it is highly recommended that you seek a lawyer for your being bullied at work case. While you can negotiate the terms of your settlement on your own, there is a good chance that your employer will offer a payout that is far lower than what you deserve. Often a company will try to pay out as little monetary funds as possible to settle a workplace bullying dispute. With a lawyer for your workplace bullying case you can not only more effectively advocate for yourself, but you can also have legal representation if your case happens to make it into a courtroom.
About California Labor Law Employment Attorneys Group
Being bullied at your work can be an incredibly stressful and emotionally devastating experience. Workplace bullying can result in significant financial damages as well, as victims are typically pressured to quit their job, ruining any chance of receiving unemployment benefits. If you or a loved one have ever been bullied at work by an employer, boss, manager, or coworker, you may be eligible to file a claim against them. However, when filing a claim, it is in your best interest that you seek legal guidance from a lawyer experienced with bullying in the workplace. At California Labor Law Employment Attorneys Group our lawyers in Orange County are committed to ensuring you receive the compensation you deserve after being bullied at your job. If you file a claim with our workplace bullying law firm in Orange County, you may find some if not all of the following damages compensable to you:
- All of your medical and hospitalization costs
- All of your future medical care and treatment
- A loss of income and loss of future earnings due to long-term recovery or permanent disability due to the accident
- Compensable economic damages include loss of property or damaged property.
- Compensable non-economic damages include emotional distress, trauma, PTSD resulting from the accident, pain and suffering and anxiety.
Victims of workplace bullying can contact our law offices to learn more about how to receive compensation for their injuries. While our law firm is based in Orange County, our attorneys also practice in Oakland, San Francisco, San Diego, Sacramento, Los Angeles, Riverside, Fresno, and throughout the state of California.
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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.