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If you are being treated unjustly or poorly at work, you may not know it yet, but you could be a victim of harassment in the workplace. There are many ways that your employer could harass you or your fellow employees. These acts of harassment may come in the form of age, racial, gender, disability, religious, pregnancy, national origin, and workers compensation discrimination. These explicit or implicit acts can also include workplace retaliation which could result in violations of whistleblowing laws.
Aside from the examples mentioned above, if you are not being provided with your basic wage and other benefits such as overtime pay, meal and rest breaks, and other employee compensations, then your labor law rights are being violated as means of employment harassment. Ultimately, if you are forced to resign, which is known as constructive discharge, then this could also be a means of workplace harassment against you by your employer.
Employed workers are not the only ones who can be victims of employment harassment. Even if you are applying for work or just about to be hired, and you are not given the same opportunity to obtain the position due to the color of your skin, your national origin, your gender or your age, among other things, then you are already a victim of employment discrimination.
If your prospective employer is already mistreating your due to these superficial aspects, it is best to ask for proper legal assistance from professionals and know how you can proceed with your harassment and discrimination allegations. Be sure to seek legal help from top los angeles employment harassment lawyers as soon as you can so your rights can be protected at the soonest possible time and get the proper compensation you deserve from your unjust employer.
There are various laws relating to employment harassment and there are as many legal processes you can take to protect your rights and to pursue your claims against your erring employer. However, to make sure that you are successful in getting the best compensation you deserve, look for Mesriani Law Group’s expert employment discrimination lawyers in Los Angeles who have already obtained hundreds of millions in awards for all our employee clients.
Things to Keep in Mind in Filing Employment Harassment Case
Employees are protected by federal and state laws against any unjust treatments by employers in the workplace. In California, in particular, harassment of employees in any of its forms is not permitted. There are civil and possible criminal penalties that may be imposed against violators of employment and labor laws relating to harassment of employees in the workplace.
If your employer is harassing you for some reason or another, you have a right to seek damages against your employer. To know more about your rights, you need to seek legal advice from expert employment and labor law attorneys in California to make sure that you understand the federal and state laws that protect you, the avenues for redress of grievances, and the proper legal remedies available to you. Doing so will ensure that your claims will move about in a timely and organized matter without risking waiving your claims due to technicalities or improper legal proceedings.
Signs of Employee Harassment
Any violation of your employment or labor law rights could be tell-tale signs of harassment. In case you are discriminated at work, from age, racial, and gender discrimination to religious, pregnancy, national origin, and workers compensation discrimination, these acts can be the means to your unjust employer’s dastardly design to harass you continuously and possibly force you to resign.
On the other hand, if your employer intentionally violates your labor law rights to minimum wage, overtime pay, meals and rest breaks, vacation leaves, sick leaves, holiday leaves, jury duty leaves, voting leaves or severance package, your employer might be using these methods to harass you implicitly. In any of the scenarios mentioned, you should know that you can fight back by filing an employment harassment complaint against your employer.
Evidence Required to Prove Your Employment Claim
Courts are not triers of facts but are triers of evidence. Hence, no matter how valid your allegations are, if you have no hard evidence, you can never win your claims against your employer. The burden is on you to prove that your employer has committed workplace harassment against you. To make sure that your case runs smoothly, may need to provide the following evidence:
- Employee records;
- Workplace Memos;
- CCTV footage of you being harassed in the workplace;
- Payslips and checks; and
- Witness declarations of co-employees.
It is best to have these pieces of evidence in filing your case against your employer. However, to make sure that all your efforts will not be in vain, the best thing to do is seek legal help from expert employment attorneys who can assist you in pursuing your claim, building a credible and robust case, and represent you in court.
However, do not make the same mistakes that others made who negotiated their claims against their employer or tried to reach for a settlement on their own. Pursuing your claims alone against your employer will put you in a distinct disadvantage. Your employer will have more resources and can employ insurance adjusters and seasoned defense lawyers to protect themselves from liabilities and paying for damages from your claims.
These defense lawyers, in particular, are well-versed in labor and employment laws and are used to protecting their clients from such claims. They can lessen or completely disprove your claims and consequently make you acquire less than the proper amount of compensation you deserve. They can also exploit technicalities and loopholes in your claim and make you waive your claims entirely, denying you your well-deserved compensation.
These scenarios make it ill-advised for anyone to pursue their claims against the party at fault on their own. If you are serious in claiming compensation against the other party and not risk your well-deserved compensation from damages, hiring professional legal help is your best and only choice.