San Diego Attorney Who Speaks Spanish to File Hostile Workplace Lawsuit
As an employee in the United States, you are afforded the right to a peaceable workplace and the right to not be discriminated against prior to being hired or while working at your job. These laws were put into place to maintain and promote human rights, and violation of these laws can lead to hefty punishments and ostracization from the public. There are numerous ways to experience harassment at the workplace and different situations that cause a hostile workplace environment to be cruel or uncomfortable. Our attorneys believe that no employee should be subjected to overly negative situations while at their jobs, and if these situations are fueled by bigotry or prejudice, we think change should be necessary and effected with swiftness. Our lawyers at the California Employment Attorneys Group are dedicated to our clients and will tirelessly work to bring fair compensation to you. Clients often call our San Diego hostile workplace lawyers with questions about their intimidating workplace environments and what they can do to correct the issues. Examples of these questions include:
- Who is the best hostile workplace environment attorney in San Diego?
- Where can I find an experienced attorney to sue your employer for a hostile work environment?
- How do I file a hostile workplace environment lawsuit in California?
- What are the rights of employees in San Diego and throughout California?
Defining an Abusive Work Environment
Employees who are a part of an abusive work environment may sometimes be too timid to speak out to correct the problems, or they may not even be aware that the environment is hostile enough to warrant a lawsuit. In many cases, other coworkers are accepting of the actions of others, and they may say that “that’s just the way things are.” We believe all employees should recognize signs of an intimidating work environment. Essentially, you may experience hostility at work if you are subjected to cruelty or are treated differently for various reasons that extend beyond your character. For more information, you can reach out to an attorney in San Diego. Some examples include:
- Dirty jokes, inappropriate remarks, and lewd language
- Sexually explicit emails, pictures or pornography
- Offensive objects in the workplace
- Physical assaults or threats
- Intimidation or frightening
- Sexual content posted on walls and computer screens
- Inappropriate touching, unwelcome physical proximity
- Derogatory terms or slurs
- Intentional interference with work performance
- Denied promotions because of your sex or sexual orientation
- Denied or reduced pay raises due to sex, gender, race, religion, etc
- Unwelcome phone calls, emails and text messages
Many people believe that in order to file a hostile job environment lawsuit, you must be the victim of the harassment. This is not expressly true; if you are merely a bystander, you can also be uncomfortable and have your work progress and ability impeded. A hostile work environment can cause many people to feel offended, and only drastic actions can change that for the better.
Law Regarding Hostility at Work
Individual businesses have their own rules dictating what defines appropriate and inappropriate behavior, but there are overarching federal laws that must be adhered to. These laws have been in place for decades and can be pointed to in order to give support to a claim. California law regarding hostile workplace environments shares many of the same rules that federal laws have established. The acts are as follows:
- Civil Rights Act of 1964: Specifically, Title VII of the Act states that no business can discriminate from hiring any employees based on race, gender, sex, nation of origin, skin color, religion, and more. Additionally, while employed, the employee cannot be subjected to harassment for the aforementioned reasons.
- Age Discrimination Act of 1967: This Act protects citizens who are over the age of 40 from discrimination at the workplace. Some businesses may not want to hire older people because they may ask for more benefits, insurance coverage, higher pay, and more. It is often in the business’s best interests to hire workers who will be less inclined to ask for more out of the business.
- Americans with Disabilities Act of 1990: Though younger than the other two Acts discussed above, this Act protects those who have disabilities. These disabilities can range from having physical impairments to requiring special needs at the workplace.
These Acts protect people from discrimination at the workplace. If you experience prejudice at your workplace that falls into a category protected by these laws, reach out to a San Diego attorney with experience in hostile work environment cases. You can earn compensation for your damages and seek to change the way your job handles these situations.
It is important to note that small grievances, tiny annoyances, isolated incidents, and pestering committed by a coworker generally will not be strong enough grounds for lawsuits. These negative actions should be dealt with internally at the company, whether by approaching a manager or enlisting the help of a representative at your Human Resources department. There simply will not be enough cause of action to file a workplace bullying lawsuit.
Steps to Take to File a Lawsuit
Attorneys at our law firm in San Diego are often asked a common question by clients: “Can I sue my employer for creating a hostile work environment?” The short answer is yes, we can sue your employer for these actions, but we cannot do it alone without your help. You should make sure to have taken certain steps before moving forward with legal action, or your case may be thrown out and your efforts will be in vain.
First, you should have ample evidence that harassment occurred at your workplace. This can be in the form of photographs of any offensive objects, recorded statements of offensive language, videos of the harassment occurring, copies of emails that discuss the incidents at work, and more. If you do not have a log that shows a pattern of harassment or many of the instances as they unfolded, your case will essentially be reduced to a he-said, she-said type claim, which is extremely hard to win. Further, losing a lawsuit can result in you risking your job, as your company may find a way to legally terminate you for your actions.
Next, you should approach your boss, supervisor, or representative at Human Resources and ask one of them to take action against the harassment. Some bosses are proactive and will gladly deal with the situations themselves, while others will not want to get involved. Indeed, this attitude can stretch all the way up to Human Resources, especially if the offender is a supervisor himself. Human Resources may not want to take the risk of losing profits for the company or starting a scandal. You should keep a record of your interactions with these authority figures, if possible; any denials they have or admittances that the harassment occurred can be valuable in a lawsuit.
Finally, you should consult with an attorney with expertise in workplace hostile work environment cases. It can be very difficult to file a lawsuit of this nature by yourself, and you should not try to undertake it alone or without ample preparation. Not only can we help you file your claim, but we can also make sure you do not face any illegal repercussions for your actions.
Our attorneys are here to make sure you receive fair compensation for any workplace harassment.
What You May Earn in a Lawsuit
A workplace bullying attorney in San Diego can help you earn a settlement for your workplace harassment. If your boss does not do anything about the harassment, we can sue your boss, and yes, you can sue your employer if the company does not do anything to alleviate the problems. A San Diego lawyer can help you earn:
- Lost wages from both the past and the future. You may have needed to take time off work to settle legal issues, or your employer may have wrongfully terminated you or requested you take leave without pay. We can help these earnings be reimbursed.
- Pain and suffering, which are emotional damages brought on by the stress of the discrimination or harassment in the workplace. They include mental scarring, psychological problems, fear, PTSD, anxiety, and more.
- Punitive damages, which are additional forms of monetary compensation available for certain violations. However, only an expert attorney will be able to win these for you, as many courts see them as excessive and unnecessary.
How We Help
The California Employment Attorneys Group is here to help you receive your fair compensation for workplace harassment. A hostile work environment is something that no employee should have to be a part of, and those responsible for committing hostile acts or allowing the acts to continue should be punished.
Call us today to receive a free legal consultation with an accomplished attorney. You can ask any questions you want about the legal process and we will give you all the information you need to know to make an insightful decision about filing a lawsuit. Further, if you select us for your legal services, you are given a zero fee guarantee on your claim – you do not pay any out of pocket expenses at all related to the case. We only get paid if we win your case, and our fees are taken from the settlement itself. If we lose, you do not owe us a dime.
Call the California Employment Attorneys Group today for more help filing a hostile workplace environment lawsuit against your employer.