Fresno Attorney to File Hostile Workplace Environment Lawsuit
Working in a hostile environment can be incredibly stressful and can drastically affect a victim’s day-to-day work. Being berated, harassed, or even assaulted by your employer can result in a trauma that can be difficult to recover from fully. Many who experience a hostility at work are often too intimidated to do anything to resolve their issue, or if they are willing to do so are unsure of how to do so. Fortunately, with the help of a workplace bullying and harassment attorney you could sue your boss for the work environment that they are creating. If you or a loved one has experienced hostility at work in or near the city of Fresno, you may be able to file a hostile job environment lawsuit against your employer. At Employee Legal Justice Team our Fresno hostile workplace lawyers are well-versed on the rights of employees in Fresno and throughout California. Our Fresno lawyers can guide you through the complicated process of filing all the necessary claims and reports, and eventually bringing your case to court if need be. If you have any questions after reading this article, please feel free to reach out to our law firm in Fresno, California, for a free consultation from one of our experienced legal advisors.
Hostile and Abusive Work Environments in Fresno, California
Fresno is a city located in the Central Valley in the state of California. Founded in 1872, the city today is home to approximately 520,000 people. Fresno is the most populated city in the Central Valley, and is located 220 miles north of Los Angeles, 170 miles south of Sacramento, and 185 miles east of San Francisco; so in many ways, it is located right in the center of the state. Fresno also serves as a transit point for many tourists who travel to the nearby Yosemite National Park, and Kings Canyon National Park.
While the city may be regarded as one of the major hubs of Central California, many who live there can be subject to hostile or abusive work environments. Fortunately, our Fresno attorneys are experienced in handling hostile work environment cases.
Hostile work environments can be incredibly difficult for victims, as many are unsure of what their legal rights are, and what they can do to escape the abuse. Some simply quit their jobs due to this hostile environment, and in some cases, these victims can collect a minimal amount of unemployment benefits depending on the circumstances of their case. However, many are forced to experience the abuse and harassment time and time again without any idea of what to do, and what California law regards as illegal hostile workplace environments. Unfortunately, in the state of California, suing an employer or coworker for imposing a hostile work environment can be somewhat tricky.
Can I Sue My Employer For Creating A Hostile Work Environment?
To put things simply, yes, in certain instances, you can sue your employer or coworker for imposing or creating a hostile work environment; however, there are some exceptions to when a hostile work environment is seen either legal or illegal. While yes, you can sue your employer, for a hostile work environment, California law states that the abuse must show evident signs of discrimination, or somehow break the contracted agreement between employee and employer.
State and Federal law dictate that discrimination of any kind is illegal. Discrimination is defined as the unfavorable treatment, or harassment of an individual based on their race, color, sexual orientation, gender, or characteristics. For example, if your employer is creating a hostile work environment by shouting racial slurs at you and is mistreating you because of your race, you could sue them for facilitating and creating a hostile and intimidating workplace. However, on the other hand, an employer can get away with shouting and berating their employees as long as no signs of discrimination are present in their actions.
To give you a clearer idea of what dictates a situation where you can sue your employer for creating a hostile work environment, we’ve compiled a few elements that must be present in your case to move forward with legal action:
- 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.
As mentioned previously, you can also sue your employer if they are in some way breaching, or invalidate a contract you signed in agreement with them through their hostile or abusive actions. The process of filing a lawsuit for these instances can vary dramatically between cases, and as such, it is crucial that you seek assistance from a workplace bullying and harassment attorney. However, we should note that when filing a hostile workplace environment lawsuit in California, it is always in your best interest to retain at least legal guidance from an attorney with expertise in hostile work environment cases. The process of bringing a claim forward properly can be somewhat complex, and with a skilled legal expert, you can better navigate these hurdles and legal requirements.
The Process of Filing A Hostile, Bullying, and Abusive Workplace Lawsuit Against An Employer
While the process of bringing a case forward against your employer can be complicated, it is far from impossible. With the right help, and a bit of patience you can reach a more than the favorable outcome for your case.
A skilled attorney experienced at suing employers for hostile work environments will recommend that you first reach out to the human resources department of your company. By contacting the HR department, you can document each instance in which your employer abused you and created a hostile work environment which hindered your day-to-day productivity. Contacting your HR representative can also prove to a court that you exhausted all options of solution before first taking legal action; this aspect is crucial to the outcome of your case. Every time you file a report with your HR representative, it is probably a good idea that you document every incident of hostility and abuse as well, to ensure every instance is properly recorded.
More times than not, this is where a hostile work environment case ends, as an effective HR department will move to remedy the issue. Often, companies do not want to get involved in a complicated legal battle with their employees and will either remedy the issue or settle the case. Unfortunately, this isn’t always true, and abuse and harassment can continue even after consulting an HR representative. At this point, you should consult a Fresno employee rights lawyer if you haven’t already. A skilled lawyer can guide you through the next steps in the process of filing a claim against your employer.
After HR fails to remedy the issue, you can then bring a claim to either the federally funded Equal Employment Opportunity Commission (EEOC) or a state anti-discrimination agency. The agency you choose will then review your case for signs of discrimination, and determine whether or not you have a case or not. During this time, it is highly recommended that you keep a level head at your place of work as you don’t want to give your employer’s defense attorneys any opportunity to deny your claims effectively. After a period, the state or federal anti-discrimination agency will either approve or reject your case. If they approve your case, they will send you and your attorney a ‘right-to-sue’ letter. This letter plays a critical role in your case, as without one you cannot legally file a claim for compensation against your employer or your company. The state or federal agency may also offer to mediate your case, which in certain instances can prove useful; however, it, is in your best interest that you first consult your attorney before making a choice. In some instances, a case will be settled at this point before being taken to court. Even if they do not believe your claims, they may wish to avoid the financial damages that come with disputing a claim in court.
If your employer or company refuses to settle your case, you can take the case to court, and fight for your right to compensation and resolution. Before you take your case to court, it is crucial that you have substantial evidence to support all of your claims. Some of the evidence that can be used include:
- Recorded instances, whether through photograph, video footage, or audio records, which detail the incidents in question
- Text messages, phone calls, or emails shared between you, your employer, and even your HR representative.
- Eyewitness testimony from co-workers, customers, or even family members that back up your claims.
Regardless of the specific characteristics and details of your case, it is always recommended that you retain legal representation for your hostile work environment case. The process of suing an employer for creating a hostile, abusive, or intimidating work environment can be incredibly challenging, and any misstep can result in your case being dismissed from court entirely. With the right attorney by your side, you can efficiently build your case, file a claim, and reach a satisfactory outcome to your claims.
About Employee Legal Justice Team
The stress of discrimination or harassment can often be unbearable for victims of hostile work environments. If you or a loved one are experiencing a hostile work environment in Fresno, yet are unsure of what your next steps should be, you may wish to reach out to an attorney in Fresno with experience in handling cases of this nature. 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 Employee Legal Justice Team, our experienced Fresno hostile work environment attorneys can guide you through the often arduous process of bringing your case to fruition. While our law firm is based near Fresno, California, our attorneys also practice in Oakland, San Francisco, San Diego, 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.