Working in a hostile environment can be incredibly stressful and traumatic for those unfortunate enough to have to experience. Often, those who suffer from hostile work environments feel trapped in them, as they are left either unaware of their options, or are too intimidated to take action against those imposing this hostility. Fortunately, victims of hostile workplace environments can sue their boss, for allowing the abuse and intimidating work environment to continue. However, when filing a workplace hostility, bullying, or harassment lawsuit, it is in your best interest that you seek legal guidance from an attorney with expertise in hostile work environment cases. At Normandie Law Firm our Los Angeles attorneys have a wealth of experience in fighting for those with hostile work environment cases. With our help, you can successfully build your case, file your claim, and reach a satisfactory outcome to your lawsuit. If you have any questions after reading this article, please feel free to reach out to our law firm in Los Angeles California, for a free consultation from one of our well-versed legal advisors.
Can I Sue My Employer For Creating A Hostile Work Environment?
Many of our clients who come into our law firm with cases that involve them experiencing bullying, or hostility at work, often ask our workplace bullying and hostility attorneys whether or not they can file a hostile job environment lawsuit against their employer for the treatment they have been receiving. The short answer to this questions is yes, you can sue your employer for continued hostility either from them or a co-worker. The stress imposed by harassment like discrimination, bullying, unfair treatment, or general hostility can be a heavy burden for people. Unfortunately, California law regarding hostile workplace environments dictates that victims of hostile work environments may only be able to file a lawsuit if some form of discrimination is present or if an employer breaches contract through a reinforcement of this hostile work environment. For this reason, taking legal action against an employer for creating a hostile work environment can be somewhat challenging.
For example, if you are an employee and your employer creates a hostile work environment because they scream at you or berate you in such a way that no form of discrimination is present, you may not be able to file a hostile work environment lawsuit in California. However, on the other hand, if it is found that your employer is creating a hostile work environment through discrimination of either your race, color, sexual orientation, disability, or general characteristic, you may file a hostile job environment lawsuit against your employer.
To give you a good idea of what a court might find as acceptable terms for filing a lawsuit for a hostile work environment, we’ve included a list of some elements that must be present in your case to move forward with legal action:
- Your employer’s behavior or actions must in some way show that they are discriminating against you for your religion, disability, race, color or age.
- The behavior of your employer must continue over a significant period, and cannot occur as a result of one off-hand remark. Any and all incidents of where your employer harassed you or other co-workers should be filed with your company’s human resources department.
- If your company does nothing to remedy a situation after repeated reports of harassment and discrimination, you can move forward with legal action.
- Your employer’s actions must be severe enough to disrupt your ability to conduct day-to-day work, and as such keep you from fulfilling what your job requires of you.
These are just a few of the key elements needed to file a hostile work environment lawsuit against your employer. In total there are a wide variety of legal hurdles that must be overcome in order to bring your case to settlement. For this reason, it is highly recommended that you seek guidance from an attorney well-versed in the subject of the rights of employees in Los Angeles and throughout the state of California.
How To File A Lawsuit For A Hostile Work Environment
As mentioned prior the process of filing a lawsuit for a hostile work environment can be incredibly trying. From having to experience repeated abuse, to waiting for the issue to be remedied by a company’s HR department, this process tends to intimidate victims of workplace discrimination and abuse. For this reason, it is in your best interest that you seek legal guidance from an attorney with expertise in hostile work environment cases; with the right legal help by your side you could navigate all the legal obstacles and find a favorable outcome for your case.
When filing a hostile work environment lawsuit, one of the first things you want to do is report any and all incidents of abuse to your company’s HR department. Doing so, will not only document every moment of abuse but will assure a jury or judge that you went through all avenues of solution before taking legal action. As well as reporting your incidents of abuse, it is incredibly important that you document every incident as efficiently as possible. Whether it is through regular journal recordings, or keeping track of phone calls and text messages all of this evidence may prove useful when your case reaches a court.
Often a hostile work environment case will be solved by a company’s HR department, as after so many complaints, they will try and remedy the situation. HR departments and companies as a whole usually don’t want to engage in the legal battle that comes with hostile work environment cases. If it is found that your company does not fix the issues you report about, you can then file a claim with either the federally operating Equal Employment Opportunity Commission or a state anti-discrimination agency. The agency, whether state or federal will then review your case to determine whether or not signs of discrimination are present in your case. During this time, it is highly recommended that you reach out to an experienced attorney to sue your employer for imposing a hostile work environment if you haven’t done so already. Having an attorney to help you collect all viable evidence and ensure all required criteria is met, can truly make the difference in the outcome of your case.
Once the state or federal anti-discrimination agency has reviewed your case, they will send you a ‘right-to-sue’ letter. With this letter you can effectively sue your employer for their wrongful actions; however, without it, you cannot proceed with legal action. Once your case is approved, the agency may offer to mediate your case. This option may prove useful to you, as having the backing of a state or federal agency can effectively ensure you receive a settlement that satisfies all of your demands. That being said, it is in your best interest that you first consult your attorney to make sure this is the best course of action for you and your case.
In some instances, your hostile work environment case will be settled at this point, before it is taken into court. This is because companies may not want to pay the extra money for a defense attorney to fight for them in court, and will just want to cut their losses and settle your case. Unfortunately, this doesn’t always happen, and companies will employ their defense attorneys to dispute any claims you may have. For this reason, it is crucial that you have collected substantial evidence to support your claims. Some of this evidence can include the following:
- 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.
As mentioned prior, hostile work environment cases don’t always have to be filed regarding discrimination. If your employer’s imposing of a hostile work environment caused a breach of contract in some way, you might be able to take your employer to court. However, these kinds of cases are difficult to argue for and can vary dramatically from each one. If you believe you or a loved one is experiencing a hostile work environment resulting a breach of contract between employee and employer, feel free to contact our law firm for consultation.
Regardless of the aspects surrounding your hostile work environment case, it is incredibly important that you seek assistance from an attorney experienced in handling hostile work environment cases. Having the right attorney by your side can make the difference between continued abuse, and a favorable outcome where your work environment is both peaceful and productive.
How Normandie Law Firm Can Help
Experiencing a hostile work environment can be an incredibly traumatic experience, and if it involves a form of discrimination or a breach of company contract, then you may be eligible to file a claim for compensation. At Normandie Law firm our Los Angeles hostile workplace lawyers are committed to ensuring that our clients receive all the resources they need to reach the case outcome they deserve. If you file a claim with our Los Angeles attorneys, you may earn compensation to cover all of the damages this hostile work environment has forced you to endure. While our law firm is based in Los Angeles, 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.
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