Spanish-Speaking Hostile Working Environment Lawyer to File Lawsuit
Being berated and harassed at work can be incredibly stressful and traumatic. Also known as a hostile work environment, many who experience this kind of abuse from their employer or a coworker are often left in the dark in regards to what their options are in resolving the issue. Often, victims of hostile work environments feel pressured to either quit their job or suffer through continued harassment and intimidation. This fact is especially true of native Spanish speakers who may understand very little about their legal rights, and feel subjugated by their employers. Fortunately, Spanish speaking victims of hostile work environments may be able to seek legal representation from a Spanish speaking hostile work environment attorney to reach a satisfactory resolution to their case. At California Employment Attorneys Group our Spanish speaking attorneys in Los Angeles can guide you through the complicated steps of filing a claim against your employer for creating and facilitating a hostile work environment. If you have any questions after reading this article, please feel free to reach out to our Spanish law firm in Los Angeles for a free consultation from one of our well-versed legal advisors.
Spanish Speakers and Hostile Work Environments
When an English speaking employee experiences hostility at work they are often left feeling subjugated and abused, however, in many cases, they often feel more confident in advocating for their rights to a Human Resource department. Workers who only speak Spanish and experience harassment or bullying at work can often feel as though they have no route of escape or solution, especially if the company they work for does not provide resources that help them understand the process by which they can file a claim against their employer. Fortunately, with the help of a Spanish speaking hostile work environment lawyer, native Spanish speakers can sue their coworker, boss, or company for facilitating a hostile work environment.
Filing a workplace bullying, harassment, or abuse lawsuit against your employer can be incredibly complicated as there are a variety of legal obstacles that must first be overcome before bringing your case to court. With the help of an attorney that can speak Spanish with expertise in representing victims of hostile work environments, you can not only better navigate these obstacles but can also reach a satisfactory resolution to the harassment and abuse you feel at work. Unfortunately, some criteria must be met before you can successfully bring your case to court.
Can I Sue My Employer for Creating A Hostile Work Environment?
As mentioned above, there are some hurdles that come with filing a claim against your employer for creating a hostile work environment. When Spanish speaking clients come into our law firm seeking representation for their case, they often ask our Los Angeles attorneys whether or not they can sue their employer for creating a hostile work environment. The short answer to this question is always, yes; you can sue your employer for their actions and behavior, however some criteria first be met to do so. To file a hostile work environment lawsuit in California, there must be either some form of discrimination present or a breach of an employee-employer contract as a result of the employer’s actions.
Discrimination is defined by state and federal law as the unfair and often hostile treatment of another individual based on their race, color, sexual orientation, or personal characteristics. Regarding Spanish speakers, they are often discriminated against because of their ethnicity and their cultural background. In the state of California and the greater United States, discrimination in the workplace is against the law. Creating a hostile work environment through discrimination can include things like off-color comments, and harassment based on race.
A lawsuit can also be filed against your employer if they are breaching contract through their actins or behavior. These cases can vary dramatically, as every contract is different, and as such, it is crucial that you seek out an attorney learned in the rights of employees in Los Angeles and the greater state of California to review your specific contract.
So, to put it simply, you cannot sue your employer in the state of California if they are simply showing hostility towards you through poor behavior. However, victims of this kind of hostile work environment can seek a resolution through filing a report with their company’s Human Resources or HR department. HR departments are put in place to fight for the rights of their workers and resolve issues of this nature.
Regarding hostile work environments based on discrimination, we’ve included some elements that must be present in your case to file a lawsuit against your employer:
- 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 you believe you are experiencing a hostile work environment based in discrimination, it is in your best interest that you seek legal guidance from an experienced Spanish-speaking attorney to sue your employer for creating and facilitating a hostile work environment. As mentioned previously, there are some hurdles involved in filing a case against your employer, and any misstep can result in your issue remaining unresolved. With a skilled Spanish-speaking Los Angeles workplace bullying attorney on your side, you can better navigate these hurdles, and avoid any mistakes that could result in the collapse of your case.
The Process Involved With Filing A Hostile Work Environment Lawsuit Against Your Employer
There are some steps and criteria that must be followed to bring your case to a successful resolution. When our Spanish speaking hostile work environments lawyers advise clients in Los Angeles, California, they often recommend that they file any and all incidents of abuse with their company’s HR department. As mentioned prior, HR departments are put in place to resolve issues of this nature. In most instances, a case will start and end here, as HR representatives will more than likely move to resolve the issue without having to settle the case in court. Unfortunately, this doesn’t always occur, and Spanish speaking victims of hostile work environments are left to experience further abuse. If this occurs, it is highly recommended that you keep a record of your own to run parallel with the incidents filed with your HR department. This record-keeping is done to ensure there is no confusion or error in the HR department’s reports. Filing your complaints with an HR department can play an incredibly crucial role in your case, as it can show a judge that you first exhausted all of your options before resorting to legal action.
After it is apparent that your HR department is doing little to nothing to resolve the issue, you should then file a report with either the federally run anti-discrimination agency, the Equal Employment Opportunity Commission or a state-run antidiscrimination agency. These agencies are put in place to review cases of discrimination in the workplace and will either approve or reject a case as having elements of discrimination. While your report is being processed and reviewed by the discrimination agency, it is crucial that you gather all the evidence you may need to support your claim in court. While your case may never reach a courtroom, this evidence can still prove useful moving forward. Listed below are some examples of evidence you could use to support your case:
- 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.
If you haven’t already contacted a hostile work environment lawyer that can speak Spanish, it is critical that you do so at this point in your case. A skilled attorney that speaks Spanish can help you ensure that this evidence is gathered properly, and can ensure that you follow all of the steps leading up to this point. It is also important that you keep a level head during the review process, as you do not want to give your employer’s defense attorneys any possible evidence to dispute your claims.
Once the review process is over, the discrimination agency of choice, will either approve or deny your claims. If the claims are denied, you will likely have to settle with the company if they decide to negotiate. However, if your claims are approved you and your attorney will receive a ‘right-to-sue’ letter which can lead to either a settlement negotiation with the abusive employer, or having your case moved to a traditional courtroom. More times than not, an employer will want to settle a case at this point, rather than bring it to court due to the PR and financial damages that can occur as a result.
Regardless of the details of your case, it is always in your best interest that you retain legal representation for your hostile work environment case from a Spanish speaking attorney well versed on representing workers who have experienced discrimination. The process of suing an employer for creating and facilitating a hostile, abusive, or intimidating work environment can be incredibly challenging, and any misstep can result in your case being thrown from court, or never managing a settlement. With the right Spanish speaking attorney by your side, you can efficiently build your case, file a claim, and reach a satisfactory outcome to your claims.
About California Employment Attorneys Group
The stress of discrimination or harassment can often be unbearable for victims of hostile work environments; this is especially true of native Spanish speakers. If you or a loved one are experiencing a hostile work environment, yet are unsure of what your next steps should be, you may wish to reach out to a Spanish speaking attorney in Los Angeles 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 Spanish speaking hostile work environment attorneys can guide you through the often-arduous process of bringing your case to fruition. If you don’t speak English, you can contact our Spanish-speaking employment attorneys, directly by reaching out to our law offices. While our law firm is based in Los Angeles, our attorneys also practice in Oakland, San Francisco, San Diego, Sacramento, Modesto, Riverside, Fresno, San Clemente, Santa Cruz, 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.