San Diego Attorney to File Workplace Bullying Harassment Lawsuit
Have you experienced bullying at your place of work, by an employer, boss, or coworker? If so you may be able to collect compensation for the damages that you have suffered. Being bullied at work can cause not only incredible emotional distress but in some cases, it can lead to significant mental and physical trauma. If you have experienced workplace bullying in the city of San Diego and wished to sue your employer, boss, or coworker for their actions and behavior, it may be in your best interest to seek legal guidance from a workplace bullying law firm in San Diego. Having a skilled lawyer for bullying in the workplace can make all the difference in reaching a favorable outcome for your case. At California Employment Attorneys Group our San Diego attorneys can guide you through the often complicated process of building and file your claim against your employer. If you have any questions after reading this article, please feel free to reach out to our law offices near San Diego, California, for a free consultation from one of our skilled legal advisors.
What Is Workplace Bullying?
Often when individuals experience bullying at the workplace, they are often unaware of it happening, and are unsure of what their legal rights are as victims. Workplace bullying can include things like shouting, harassment, physical assault, or any other kind of unfavorable and repeated treatment. Victims of workplace bullying often feel as though they are trapped in their current situation. They are usually offered one of two options, quitting their job and running any chance at receiving unemployment benefits, or enduring continued mistreatment. Fortunately, victims of workplace bullying can pursue legal action against their employer for facilitating continued treatment. However, workplace bullying can only be met with legal action if the bullying directly disobeys state and federal laws put in place to prohibit discrimination.
So for example, if your boss is mistreating you at work repetitively, you can only sue them if they were in some way expressing some discrimination against you. Discrimination is described as unfavorable treatment based on another individual’s race, skin color, religion, sexual orientation, or personal characteristics. To sue for workplace bullying, 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.
Fortunately, if you were bullied at work and discrimination wasn’t present, you can still receive compensation through your company’s HR department. HR or human resource departments are put in place to defend the rights of their workers and to resolve cases and complaints before they can reach a courtroom. While every case of bullying should be brought before your company’s HR department, not every incident of workplace bullying can be resolved through your company’s HR department. For this reason, it is in your best interest that you seek guidance from an experienced attorney that has fought for victims of workplace bullying. With the right attorney for being bullied at work by your side, you can better reach a satisfactory outcome for your case.
How to Sue Your Employer, Boss, or Coworker For Workplace Bullying
Being bullied at work by a coworker, boss or employer can be incredibly devastating and can directly affect an individual’s day-to-day mental health. For this reason, victims of workplace bullying have every right to at least have the issue resolved. However, as mentioned above, the only time when one can take legal action against workplace bullying is in when discrimination is present in the case. Workplace bullying lawsuits filed on the basis of discrimination can be somewhat challenging to tackle alone. To properly bring a case to court certain criteria must be met before the case can reach a courtroom. Any misstep along the way could result in your case being dismissed from court, and have the issue persist. For this reason, it is in your best interest that you seek legal guidance from a law firm that is experienced at fighting against workplace bullying.
When you consult with a lawyer for being bullied at work, they will more than likely expect you to follow a very particular set of steps that can better guarantee your case reaches a favorable outcome. Listed below are some of these crucial steps that you should follow before bringing your case to court:
- 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 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.
Even after following these steps there is no guarantee that your case for workplace bullying will amount to a favorable settlement. There are also situations where a company’s HR department will settle the case before it can even get to the point of filing a report with an anti-discrimination agency. Regardless of what path your case takes, if you have experienced workplace bullying in San Diego it is in your best interest that you seek guidance from a San Diego attorney with experience workplace bullying cases. With the right lawyer by your side, you can better guarantee that you follow all of the steps accordingly so that you can receive the settlement that you deserve.
About California Employment Attorneys Group
Being bullied at your work can be an incredibly stressful and emotionally devastating experience. 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 Employment Attorneys Group our lawyers in San Diego have expertise in fighting for those who have been bullied at their job. If you file a claim with our workplace bullying law firm in San Diego, you may find some if not all of the following damages compensable to you:
- All of you 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 San Diego, our attorneys also practice in Oakland, San Francisco, Los Angeles, Sacramento, Orange County, Riverside, Fresno, 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.
Zero Fee Guarantee-No Upfront Fees Ever
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.