Hostile Work Environment
Every employee in California is protected against retaliation by his or her employer. Connected to this is the right of every employee not be made to work under a hostile work environment. Hostile work environment happens when your employer retaliates against you like when he terminates you, demotes you or refuses to give you your bonus and other compensation just because you filed a discrimination claim or harassment claim against your employer.
If you are exercising your right to free speech or rights given to your by labor and employment laws, Hostile Work Environment Lawyers of Mesriani Law Group will make sure that you will not be made to suffer unjust treatment by your employer because of your valid and legal actions. We believe that you should not be harassed or retaliated against for helping the authorities in investigating any wrongdoings committed by your employer. On the contrary, we at Los Angeles Hostile Work Environment Lawyers believe that you should even be given commendation in helping make your work environment free from hostile conditions. If you need any help in addressing hostile work environment issues, don’t 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 the discriminatory acts and harassment become pervasive, this is where hostile working environment happens. There are different elements that you need to prove though in order to show that you are a victim of hostile working environment. These includes the showing of evidence that you are a protected class, i.e., pregnant, female, of racial minority, of different religion, etc. The other element is the fact that you are being harassed or discriminated against for no apparent reason or for reasons against employment and labor laws and public policy. Third, that the aggressor or perpetrator is either the employer himself or his supervisor or any person with supervisory position. Last, that there is damage to you because of the hostile work environment whether it be physical, emotional or economic.
HOSTILE WORK ENVIRONMENT THROUGH WORKPLACE RETALIATION
Retaliation means that you are being treated unjustly at work by your employer on account of your valid, lawful or justifiable acts which you have a right to do. It does not cover acts, 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, by employment and labor law standards, have the right to perform.
HOW HOSTILE WORK ENVIRONMENT COMMITTED?
There are two ways that you can be made a victim of hostile work environment.
- Direct and overt retaliatory act This speaks for itself. If you are directly harassed, discriminated against, bullied or otherwise made fun of by your employer and co-workers at the behest or prodding of your employer, then you are a victim of direct or overt hostile act by your employer.
- Covert or veiled retaliatory act This is a more subtle way or insidious way by which your employer unjustly treats you. Example of these dastardly acts are requiring you to render more over time or unsavory work as compared to your co-workers or that you are not given the same benefits granted to your co-employees. Also, if you did something wrong, you might notice that the penalty is more harsh or more severe than those imposed on others for the same or similar acts.
WHAT IF YOU CANNOT POINT TO A SPECIFIC DISCRIMINATORY ACT?
Please be advised that you need not show that you are a victim of a specific type of discrimination or harassment at work. It also of no moment if you are not a whistle blower or that you cannot find any specific 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 our Los Angeles Hostile Working Environment Lawyers can definitely fight for your rights to protect you against any and all unjust treatment at work. We can prove that there are small things that your employer are doing that makes you feel unwanted at work and that even if you are not of a specific protected class, you can experience damage, whether physical, emotional or economic that would give you a great chance of filing claims for reparation against your erring employer.
HOW TO STOP HOSTILE WORKING ENVIRONMENT?
The first thing before you solve a problem is to know that you have a problem. You should be wary at work. You should be observant of your work environment your employer’s treatment towards you and your other co-workers, your benefits and other signs like your employer’s unreasonable demands against you and contrast to this your compensation with employees of similar position. If you think that there is something wrong, you should immediately write them down so you don’t forget instances of harassment and unjust acts against you. Save all memos and e-mails also to make sure that you have evidence to prove that your employer is fostering a hostile working environment to your detriment.
PROTECT YOURSELF AGAINST HOSTILE WORK ENVIRONMENT
It is hard enough to find a job. When you find one, it is harder still to keep it. Hence, it is doubly hard to protect your employment if your employer directly or intentionally fosters a hostile working environment against you for some reason or another. At the first hint that you are being singled out from work, you need to seek help from Mesriani Law Group’s highly skilled Los Angeles Hostile Work Environment Lawyers for help. We will be unrelenting in making sure that your employer is put to task for his unjust actions. Don’t worry about the legal fees as we accept cases on contingency basis. What is important to us is not the economics of your case but the security that you are given just rewards for your actions with the corresponding sanctions to your employer for his unjust acts perpetrated against employees like you who have no capacity to fight back due to economic and social circumstances.