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Every employee has the right to work in safe and productive working conditions. However, if you have filed a discrimination or harassment claim against your employer, they can create a hostile work environment out of spite through retaliation. Any of the following acts can characterize a hostile work environment directed towards you:
- Wrongful termination;
- Demotion at work; or
- Refusal to give you your bonus and other compensation.
Labor laws protect every employee in California from a hostile work environment and employer retaliation. If you are exercising your right to free speech or rights given to you by labor and employment laws, a los angeles employment discrimination lawyer will make sure that you will not suffer unjust treatment at the hands of your employer because of your valid and legal actions.
Established by Rodney Mesriani, Mesriani Law Group believes that you should not be harassed or retaliated against at work for helping the authorities in investigating any wrongdoings committed by your employer. On the contrary, our firm believes that you should be commended for helping make your workplace environment free from hostile conditions. If you need any help in addressing hostile environment issues at work, please do not hesitate to call us for legal assistance.
California Fair Employment and Housing Act
The California Fair Employment and Housing Act prohibits many kinds of discrimination and harassment at work. If these types of offensive conduct and other hostile actions become pervasive, this is where a hostile working environment exists. However, there are different elements that you need to prove in order to show that you are a victim of a hostile working environment. These factors include:
- Presenting evidence that you are a protected class, i.e., pregnant, female, of racial minority, or of a different religion;
- The fact that you are being harassed or discriminated against for no apparent reason or for reasons that are against employment and labor laws and public policy;
- The aggressor or perpetrator is either the employer himself or his supervisor or any person with a supervisory position; and
- There is physical, emotional, or economic damage done to you because of the hostile work environment.
How Is a Hostile Work Environment Created Through Workplace Retaliation?
Workplace retaliation means that you are being treated unjustly at work by your employer because of your valid, lawful or justifiable acts which you have a right to do. An example of this is agreeing to help out in an investigation about allegations of criminal activity involving your employer. It does not cover acts that, which when proven, would be tantamount to either insubordination or blackmail against your employer. Hence, the premise is that the action for which you are being retaliated against is a legal act which you have the right to perform according to employment and labor law standards and is not considered insubordination.
What Acts Can Employers Commit in a Hostile Work Environment?
You can be a victim of a hostile work environment through any of the following ways:
- Direct and overt retaliatory act – This speaks for itself. If you have experienced unlawful harassment, such as sexual harassment, for example, discrimination, bullying, or if your employer and co-workers (at your employer’s prodding) made fun of you at work, then you are a victim of a direct or overt hostile act orchestrated by your employer.
- Covert or veiled retaliatory act – This is a more subtle or insidious way in which your employer unjustly treats you at work. Examples of these acts include requiring you to render more unsavory work as compared to your co-workers or that you are not given the same benefits such as overtime pay granted to your co-employees. Also, if you did something wrong, you might notice that the penalty given to you is much more severe than those imposed on others who committed the same or similar acts.
What if You Cannot Point to a Specific Discriminatory Act?
Be informed that you do not need to show that you are a victim of a specific type of harassment or discrimination at work. It is also not important whether or not you are a whistleblower or you cannot find any particular reason why your employer is retaliating against you. If you feel that your employer is making it hard for you to work at your workplace, then Mesriani Law Group’s age, disability, gender, pregnancy, racial and religious discrimination lawyers can help fight for your rights to protect you against all kinds of unjust treatment at your work.
We can prove that there are small things that your employer is doing to make you feel unwanted and uncomfortable at work. Also, if you are not of a specific protected class, you can still experience physical, emotional, or economic damage that would give you proper grounds and reasons to file claims for reparation against your employer.
Protect Yourself From a Hostile Work Environment
It is hard enough to find a job and is much harder to keep it once you find one. Moreover, protecting your employment is twice as hard especially if your employer is directly or intentionally fostering a hostile work environment against you for one reason or another. At the first hint that you are being singled out from work due to unlawful and unnecessary reasons, you need to seek help from a highly-skilled hostile work environment lawyer from Mesriani Law Group. Established by Rodney and Radni Mesriani, MLG will be persistent in ensuring that your employer is penalized for his unjust actions.
Have a free consultation with us regarding your issues at work and how to legally proceed with your claims. We also accept cases on a contingency basis for you not to worry so much about the legal fees first, and instead only deal with the more important case at hand. We ensure that you get the just rewards you deserve from your actions as well as for your employer to get the corresponding sanctions for his or her wrongful acts. Do not hesitate to seek our help, as we aim to ensure that all employees should get the proper compensation and rights they deserve no matter what the circumstances are.