San Clemente Hostile Work Environment Lawyer
San Clemente Hostile Work Environment Attorney
Work is a part of every individual’s life. It is integral not only to our own financial health and stability but also to the financial health and stability of the state and the nation as a whole. Due to this, workers are entitled to job environments free from harassment or discrimination. Unfortunately, situations of both still occur, and you can be left suffering physical, emotional, or mental pain. Thankfully, a San Clemente hostile work environment lawyer can help.
Sometimes, work can become a scary and intimidating place. You might suffer the unlawful or unethical acts of an employer, boss, supervisor, manager, or even a peer in the workplace. These incidents of harassment or bullying may become so severe that you feel like you are no longer safe or welcome at your San Clemente place of work. At Diefer Law Group, we understand how terrifying these situations can feel and want to do what we can to assist you.
Filing any kind of legal claim can be challenging and confusing. It can be increasingly difficult to prove a claim for a hostile work environment. Thankfully, the legal team at Diefer Law Group has over 60 years of shared experience and is ready to put that experience to the task of fighting for the justice and compensation you deserve.
Defining a California Hostile Work Environment
Under the California Fair Employment and Housing Act, a hostile work environment is a specific type of illegal harassment in the workplace. This kind of harassment can occur when one or more employees are made to suffer pervasive, persistent, and severe offensive behavior and are mistreated based on a characteristic protected under state and/or federal law.
These characteristics can include age, race, sex, gender, religion, disability, country of origin, genetic information, medical status, sexual orientation, or marital or veteran status. In general terms, this can occur when an individual’s offensive or abusive conduct becomes so severe that it hurts the job performance of the victim. This conduct can take a variety of forms, including:
- Physical: An employee may suffer physical intimidation, threats of physical violence, unwanted physical contact or touching, unwelcome sexual advances, or sexual harassment.
- Verbal: An employee may suffer offensive or derogatory remarks or jokes based on a protected characteristic or suffer forms of humiliation
- Visual: If an employee is made to witness violent, suggestive, or sexually explicit posters, drawings, images, or other visual forms of media, it can be considered a hostile work environment
Workplace harassment might also include having your work deliberately sabotaged by other employees so that you receive a bad performance review. This harassment can also be based on a protected characteristic. If you believe you have been made to suffer a hostile work environment in San Clemente, California, the team at Diefer Law Group is here to help.
How the Attorneys at Diefer Law Group Can Help
If you have faced inappropriate or hostile treatment in your place of work, you may be entitled to file a claim for a hostile work environment and receive compensation for the damages you have suffered. If you are unsure as to whether or not what you have experienced is indeed hostile work environment treatment, the attorneys at Diefer Law Group can review the details of the situation and help make a determination on what legal options may be available to you.
When you hire our legal team, you can expect us to take the following actions in your hostile work environment case:
- Educate you on your legal options and what might be correct for your unique situation.
- Investigate the instances that led to the hostile work environment.
- Gather evidence to support your claim, such as performance reviews, correspondence between you and the defendant, and any witness testimony.
- Craft a compelling argument and enter into negotiations with your employer, their insurance company, and the at-fault party.
- Take your case to courtroom litigation should the need arise and a fair settlement not be reached in negotiations.
With our team on your side, you can rest assured that you have taken the correct action to pursue both justice and monetary compensation.
FAQs
Q: What Should I Do When Faced With a Hostile Work Environment in California?
A: If you are facing a hostile work environment in California, you may feel powerless and unsure of what steps to take. Thankfully, there are things you can do to take the power back. You can start by asking the offender to stop the behavior that led to a hostile work environment; you can then file a report with your company’s HR department. Finally, you can consult an attorney and file a claim.
Q: How Much Money Is a Hostile Work Environment Case Worth?
A: The amount of money a hostile work environment claim is worth depends on the compensation you can receive. The most common forms of compensation available in hostile work environment claims can include damages for emotional or mental distress, back pay or front pay, a promotion or reinstatement, and coverage for attorney fees. In rare cases, you may be awarded punitive damages.
Q: How Do I Prove a Hostile Work Environment in California?
A: For you and your attorney to prove a hostile work environment claim in California, you must prove the following elements:
- You are a member of a protected class under federal and/or state law
- Your employer or coworker treated you with unwelcome or inappropriate actions or behaviors
- This behavior interfered with your ability to perform your job and created an intimidating environment
- You suffered damages as a result
Q: Is There a Statute of Limitations in Hostile Work Environment Claims?
A: If you have suffered discrimination that has caused a hostile work environment in the state of California, you have 180 days from the time the discrimination took place to file your claim. However, this time frame may be extended to 300 days under certain circumstances. No matter the circumstances, it is important that you begin the filing process right away so you do not lose out on any chances for compensation and justice.
Speak With a Trusted Employment Law Attorney Today
If you have suffered a hostile work environment at your San Clemente place of employment, you deserve justice in the form of compensation. The attorneys at Diefer Law Group are here to help you obtain it. We are firm believers in the fact that everyone is entitled to a safe workplace. Allow us to hold the at-fault parties liable for their violations of employment law. Contact our offices today to schedule a free consultation.
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