San Diego Hostile Workplace Attorney
Every worker has the right to a workplace free from harassment and discrimination, and the state enforces some of the most robust labor codes in the country. Unfortunately, many people struggle with hostile work environments due to mistreatment on the basis of their protected personal characteristics. If this has happened to you, it’s crucial to consult a San Diego hostile workplace lawyer as quickly as possible.
Representing Victims of Hostile Work Environments in San Diego, CA
The attorneys at Jimenez Loayza, APC, have extensive professional experience handling a wide range of complex employment law cases for clients in San Diego and surrounding communities. We have helped past clients overcome sexual harassment in the workplace, various forms of discrimination, and many other situations that created hostile work environments, holding those responsible accountable for the harm they have caused.
Most hostile work environment cases arise from specific employee rights violations, such as sexual harassment or discrimination. For example, if a worker has been subjected to repeated slurs and remarks about their race, or if they have been sexually harassed repeatedly by a supervisor, such experiences are not only damaging but can also make it very difficult for the victim to perform their job duties.
Our team will work closely with you to assess the circumstances of your hostile work environment, determine which party or parties are liable for the harm you have experienced, and help you understand your legal options in this difficult situation. Depending on the extent and severity of your experience, you may have several options for addressing the hostile work environment.
What Is a Hostile Work Environment?
The term “hostile work environment” can apply to any situation in which an employee is unable to perform their job duties to the best of their ability because of mistreatment from others. Many situations can lead to hostile work environments in San Diego, such as:
- Sexual harassment. For example, if your supervisor offered job benefits in exchange for sexual favors, it is quid pro quo sexual harassment. If the employee refused and their supervisor began making their job more difficult or impossible to complete, or if the employee faced undue ridicule and other adverse mistreatment, then the situation has escalated to a hostile work environment.
- Whistleblower retaliation. Every worker has the right to file a whistleblower report in good faith. However, if they have done so and consequently faced any type of mistreatment, or if their supervisor has altered or compounded their job duties in any untenable way, then the situation has evolved into a hostile work environment.
- Workplace discrimination. It is illegal for anyone to be mistreated on the basis of personal characteristics such as their race, sex, religion, medical condition, or disability. If you have experienced harassment of any kind on the basis of such characteristics and his mistreatment has interfered with your ability to do your job, the situation qualifies as a hostile work environment.
These are just a few examples of how hostile work environments can be created. In many cases, situations evolve from incidents of harassment or discrimination. Once the employee has endured this mistreatment, their performance may suffer, leading to an avenue for their supervisor to fire them. Some employees will feel compelled to quit after facing hostile work environments.
A hostile work environment is any work environment in which an employee feels threatened, intimidated, and offended by the mistreatment they have experienced. This mistreatment can make it difficult or impossible for them to do their job, and if you believe this type of situation has evolved in your workplace, you need to consult a San Diego hostile workplace lawyer as quickly as possible to discuss your legal options.
Filing a Hostile Work Environment Case in San Diego
If you believe you have suffered a hostile work environment of any kind in San Diego, your attorney can help you determine the legal basis on which you can file your case. A hostile work environment case typically overlaps with some form of harassment or discrimination. However, it is also possible for a hostile work environment to arise out of general bullying, intimidation, and other mistreatment that may have affected multiple employees.
When you believe your situation has arisen as a result of harassment or discrimination, your San Diego hostile workplace lawyer can help you file a claim to the state Civil Rights Department (CRD) or the federal Equal Employment Opportunity Commission (EEOC). The CRD is the state-level agency responsible for the enforcement of workplace harassment and discrimination laws, while the EEOC enforces federal employment statutes.
If you have experienced discrimination or harassment at work, it is important that you first attempt to resolve the situation internally. Every employer in the state is required to have internal conflict resolution processes in place along with anti-harassment and anti-discrimination policies. If they do not, or if these policies fail to produce acceptable results, then you need to speak with a lawyer about taking your case to the next level.
Unfortunately, many people who report such issues internally ultimately face even worse treatment. Employers who do not approach these situations correctly may view such employees as “troublemakers” or attempt to coerce them into leaving however they can in an effort to minimize potential future liability. In doing so, however, such employers typically create broader grounds for affected employees to pursue legal recourse.
Proving Fault for a Hostile Work Environment
One of the biggest challenges facing employees who have suffered through hostile work environments is that when it comes to building their cases, gathering evidence to show the truth of their situations is often very challenging. When supervisors and managers knowingly engage in harassing or discriminatory acts, they typically take measures to conceal their motivations and minimize any tangible evidence showing the truth behind their actions.
Your San Diego hostile workplace lawyer will know what type of evidence you may need to prove your case. This could include records of internal communications between you and the party who has harassed you, employee group texts, notices sent out by your supervisor, performance reviews, and testimony from any co-workers or other witnesses who have seen you experience unlawful mistreatment at work.
If multiple employees have all experienced similar forms of mistreatment at work due to similar factors, they may have the option of banding together to form a class action. For example, if all employees who share a similar racial background have experienced similar issues, it could form the basis for a class action discrimination case. An experienced attorney can explain the potential benefits and possible drawbacks of creating a class action.
When you submit your complaint to the state CRD or the EEOC, the agency will review the claim and may initiate an investigation. If your employer refuses or fails to comply with any such investigation, they can face severe legal penalties. If the agency that handles your complaint determines it to be valid, the agency will typically issue a Notice of Right to Sue that enables you to proceed with a civil lawsuit against your employer.
Understanding Employer Retaliation
If you have made a report of workplace harassment, discrimination, or any other circumstances that have created a hostile work environment, it is important to understand what employer retaliation entails and what you can do about it if you encounter it. This may occur after reporting a hostile work environment internally or after filing a report to the CRD or EEOC. An employer may not take any punitive actions in response to any such good-faith reports.
Employer retaliation may manifest in various ways. The employees’ hostile work environment may become more unbearable, and they may face increasingly harsh mistreatment from supervisors and even co-workers. An employer may go as far as demoting, transferring, or firing the employee. Employer retaliation is illegal, and if you experience this in any way, it could complicate your case and open a channel to claim additional compensation.
For example, if you filed a report of a hostile work environment on the basis of sexual harassment and your employer fired you shortly thereafter, your case has now escalated to include wrongful termination. Employers in the state have broad flexibility when it comes to firing employees under at-will employment law, but they may not fire employees in retaliation for them filing reports of mistreatment at work in good faith.
Resolving a Hostile Work Environment Case in San Diego, CA
Once you have proven that you have been harassed, discriminated against, or otherwise mistreated at work and substantiated your hostile work environment claim, you may have grounds to seek compensation for damages. For example, if you lost your job or were forced to quit due to a hostile work environment, you may have grounds to seek compensation for lost wages, lost benefits, and any out-of-pocket expenses you incurred.
Experiencing a hostile work environment can also be psychologically harmful, especially when such an environment arises out of discrimination against your protected personal characteristics or because of sexual harassment. Your San Diego hostile workplace lawyer can help you determine a suitable amount of compensation to seek from the defendant based on the extent and severity of your experience.
Many employers faced with discrimination, harassment, and other hostile work environment claims will typically attempt to settle these cases privately if at all possible. A private settlement negotiation process generally provides the employer with the most expedient avenue to resolve the matter and reduce the civil penalties they must pay. However, some of these cases will require litigation. This can take much longer to resolve.
Benefits of Hiring a San Diego Hostile Workplace Lawyer
Whether you think you can settle your hostile work environment claim or you are prepared to go to court, you need a legal representative you trust on your side if you want to ensure the greatest chances of success with your case. The right attorney can not only help you build a more compelling case but also assist you in navigating all of the administrative red tape the case entails, reducing the time it takes for you to resolve the claim.
The team at Jimenez Loayza, APC, has successfully resolved many cases of hostile work environment in San Diego. We know how daunting it can be to think of confronting your employer, especially when it is a large corporation with a robust in-house legal department. We also know the stress that comes with dealing with government oversight agencies and that many questions are likely to arise that you will not be able to answer for yourself.
We can provide the guidance and support you need when it comes to navigating and understanding complex state and federal employment laws. Trust our firm to help gather the evidence and witness testimony you will need to substantiate your claim. We can represent you through all settlement negotiations or litigation if courtroom proceedings are necessary.
If you have encountered any type of employer retaliation in response to your report of a hostile work environment, your legal representative will know how to address any such issues effectively. For example, if you were fired after reporting sexual harassment or discrimination of any kind, you likely have grounds to file a wrongful termination claim and may be eligible to seek more compensation than you may initially expect.
Find Your Legal Counsel in San Diego Today
Time is a crucial consideration when faced with any type of legal issue involving an employer. The evidence you may need to prove the truth of the situation may only be available for a short time, and you have a time limit when it comes to submitting a report to the state CRD or the EEOC regarding workplace harassment or discrimination of any kind.
The team at Jimenez Loayza, APC, has the experience, skills, and professional resources needed to resolve the most challenging employment law cases in San Diego. If you have endured a hostile work environment, it is vital to reach out to an experienced San Diego hostile workplace lawyer you trust as quickly as possible to discuss your options. Contact us today and schedule a consultation with our team to learn how we can assist you.
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