Modesto Attorney to File Hostile Workplace Environment Lawsuit
Do you have to work in a hostile work environment in the city of Modesto? Are you unsure of what your best course of action is? Don’t worry our skilled Modesto attorneys at California Employment Attorneys Group are here to help. Hostile workplaces can be incredibly stressful and traumatic for those unfortunate enough to have t experience them. Many workers are forced to endure this unfair and abusive treatment without any clear solution, and much more are intimidated out of their place of work, pressuring them to unemployment. Fortunately, with the help of one of our Modesto attorneys with experience in hostile work environment cases, you can sue your boss or coworker for creating an abuse and hostile work environment. At California Employment Attorneys Group our Modesto hostile workplace lawyers can guide you through the process of building your case, filing the appropriate claims, and reaching a satisfactory outcome to your case. If you have any questions after reading this article, please feel free to reach out to our law firm, near Modesto, California, for a free consultation from one of our well-versed legal advisors.
Hostile Job Environments and Modesto
If you or a loved one have experienced hostility at work in Modesto created by your employer or a coworker you may be able to file a claim to resolve the issue; however, the process of doing so can be somewhat challenging if you are unfamiliar with the process.
Modesto is a city situated in the Stanislaus County in California. Founded in 1884, today the city is home to approximately 312,000 based on a 2010 census. Located in the heart of the Central Valley, just 90 miles from Fresno, and 92 miles east of San Francisco, Modesto is just one of many agricultural hubs in the state of California. Unfortunately, a hostile work environment can be developed in Modesto just as easily as one can be developed anywhere else in the state.
Usually, a hostile work environment is characterized by the abuse, and harassment of an employee or coworker at the workplace. This hostility can involve verbal shouting, off-color comments, and even poor treatment. Many who experience hostility at work are often unsure of what their rights are as employees living in the city of Modesto and the greater state of California. As a result, these harassed workers are pressured to either endure the poor treatment or quit their job with the hopes of receiving some unemployment benefits. Fortunately, if you experienced a hostile work environment, you may be able to file a claim against your employer for their actions or behavior.
Can I Sue My Employer for Creating A Hostile Work Environment?
Many of our clients who come into our law firm with the hopes of filing a hostile job environment lawsuit against their employer ask our attorneys whether or not they can sue their employer for their actions or behavior. The short answer to this question is always, yes; you can sue your employer. However, there are certain elements in your case that must be present to bring your case forward successfully. To file a hostile work environment lawsuit in the state of California, there needs to be some form of evidence of discrimination involved, or your employer must be breaching an employee-employer contract through their behavior or actions. So, if your employer is harassing you, yet discrimination is not at play, or their words and actions don’t somehow breach a previously agreed upon contract, then, unfortunately, you cannot bring a workplace bullying and abuse lawsuit against your employer.
Based on California state law, and U.S federal law, discrimination is defined as unfair, or hostile treatment to another individual based on their race, color, sexual orientation, or personal characteristics. For example, if your employer has made repeated racial comments and has given you unfair treatment when compared to your other coworkers of a different race, then you may be able to bring a case against your employer. As mentioned prior, certain elements must be present in your case to file a hostile workplace lawsuit against your employer by discrimination. These key elements are listed as follows:
- 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.
If your employer is creating a hostile environment which is directly interfering or breaching a contract agreed upon by you and your employer or company you may be able to file a claim against your employer for breaking said contract. However, each case in this regard is different, because the details of each contract can change drastically in each case. For this reason, if you are experiencing a hostile work environment which is directly breaking a contract formerly agreed upon by you and your employer, you may want to seek out legal consultation from a Modesto attorney well-versed with California law regarding hostile workplace environments.
As mentioned previously, filing a lawsuit against your employer for creating a hostile work environment can be somewhat tricky. There are a variety of criteria required to bring your case from the filing process to court. Fortunately, with the help of an attorney with expertise in hostile work environment cases, you can better navigate the legal hurdles that often keep employees from filing suits against their employers.
How Do I File A Hostile, Bullying, or Abusive Workplace Lawsuit Against An Employer?
Often our clients with hostile work environment cases are unaware of how challenging it can be to file a claim against their employer and their company for facilitating continued abuse. The process of bringing a case against an employer is not clean-cut, and more often than not, these cases don’t end up in court but are rather settled before they can even get that far. However, that is not to say that all cases are like this, in some instances companies and employers will fight against your claims in court and will pay exuberant legal fees to do so.
When our clients ask our workplace bullying and harassment lawyers in Modesto what they should do first, we always ensure that they file any and all incidents of abuse to their company’s HR department. HR, or human resources, is put in place in a company to handle disputes of this nature, and will often attempt to remedy a situation before it can even reach a courtroom. Filing reports with your company’s HR department help you document all the accounts of abuse and harassment and also shows a jury that you exhausted all options of resolution. Our attorneys also recommend that you keep a detailed record of your own while filing claims with your company’s HR department. Doing so ensures that all incidents of abuse and harassment are recorded accurately and efficiently.
Usually, a company’s HR department will go ahead and try to resolve the issue at this point in the case. Companies, don’t typically want to get involved in legal battles regarding discrimination, as not only are they bad PR, they can result in excessive legal expenditures. However, if your HR department fails to remedy the issue, it is critical that you file your claim with either a federal or state anti-discrimination agency.
The federal anti-discrimination agency, the Equal Employment Opportunity Commission (EEOC), and the number of states run anti-discrimination organizations are put in place to help those victimized by discrimination in the workplace by giving them proper representation for their cases and fighting for their rights as employees.
Once you file a claim with either the federal anti-discrimination agency or with a state agency, they will review your case and either approve or reject your case. During this time, it is crucial that you retain an experienced attorney to help you sue your employer for a hostile work environment if you haven’t already. It is also critical that you try to keep a level head while at work to avoid giving your employer’s potential defense attorneys any evidence to dispute your claims. You should also gather as much evidence as possible if you haven’t done so already. This evidence can include items like:
- 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.
At the end of the review process, the EEOC or the state-run agency will either approve or deny your case for having credible signs of discrimination. If they approve your case, they will send you and your attorney a ‘right-to-sue’ letter which gives you the go-ahead to bring your case to court. The agency, either state or federal, may even offer to help your case, by acting as a mediator who can prove quite beneficial in some cases. More often than not, a case that was not solved by HR will typically end here, and the agency of choice will help mediate a settlement between either party. However, if you choose, you could take your employer and the company to court and sue for the damages caused by their actions and behavior.
Regardless of which route you take to resolve your issue, it is in your best interest that you seek legal guidance from an attorney well-versed on the subject of filing a lawsuit against employers for creating a hostile work environment. Having the right attorney by your side could better guarantee that you not only follow all the right steps but can also assist you in receiving compensation for the damages that you have suffered.
About California Employment Attorneys Group
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 Modesto, yet are unsure of what your next steps should be, you may wish to reach out to an attorney in Modesto 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 California Employment Attorneys Group, our experienced Modesto 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 Modesto, 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.