Work is supposed to be a safe place. Unfortunately, not all employers follow the guidelines for treating their employees fairly as set out by California employment law. If you have been wrongfully terminated, harassed, or faced discrimination in the workplace, you need an experienced Westminster employment lawyer to help you fight for your rights.
Dealing with a hostile work environment can be challenging at best and downright unbearable at worst. But you should know that California employment laws include strong protections for employees against abusive work environments. Mohamed Eldessouky is an employment lawyer with experience litigating common workplace violations workers face in Westminster, CA. For almost ten years, Mr. Eldessouky has fought tirelessly to protect the rights of workers in Westminster and help them recover compensation for the harm they suffered. Any worker whose workplace rights are being violated can find legal guidance and representation at Eldessouky Law.
Regardless of what you are facing, including wage and hour violations, discrimination or wrongful termination, we can help. Our employment law firm incessantly works to protect workers from unlawful conduct such as retaliation. If you are being mistreated at work in any way, contact our Westminster, CA hostile work environment and discrimination attorneys. We will help you understand your rights and how to proceed against your employer for the harm you have suffered.
If you have questions about your rights as an employee in California or wish to discuss your case confidentially with one of our experienced California employment attorneys, contact our office at 714-409-8991 or fill out one of our contact forms online.
What is Considered a Hostile Work Environment in California?
Ahostile work environment is usually the result of unceasing or constant harassment at work. California law protects employees from a workplace that is offensive, abusive, intimidating or unbearable. You should not have to worry about facing bullies at work every day and this is why the law includes strong protections for you.
But you should know that it is not all actions that can create a hostile work environment. The action complained of is usually required to be severe or pervasive. What this means is that the conduct must have taken place more than once or should be quite serious. Examples of this include derogatory or insulting comments made multiple times towards someone suffering from a disability or on account of race. Another example is when you are targeted for complaining about unlawful conditions at work or standing up for a co-worker that is being harassed.
Proving Harassment in a Hostile Work Environment
Ordinarily, proving unlawful conduct at work can be difficult for a number of reasons. One of the major reasons is that people often know what they are doing is wrong, so the try to hide or mask their actions. But with a hostile work environment, things are a bit different.
Since harassment in a hostile work environment must usually be severe, you will have opportunities to record the unlawful conduct. One of the best ways to do this is by keeping copies of abusive notes left for you or taking photos of offensive pictures. If you were sent emails or text messages, do not delete them. They will be helpful to show the harassment you have been suffering. Whether you have evidence or not, you should reach out to a hostile work environment attorney once you suspect the wrongful conduct. We will help you understand what you are facing and what to do about it.
Wrongful Termination Attorneys in Westminster, CA
Eldessouky Law proudly represents and defends the rights of workers throughout Orange County, including Westminster, CA. We have provided unmatched legal representation to several employees in the city, with rewarding success for our clients.
For us, the obligation on employers to provide a safe and fair work environment is non-negotiable. Employers that create a hostile work environment and retaliate against their workers should not be allowed to continue in their unlawful conduct. If your employer is failing to abide by the law, contact our Westminster wrongful termination attorneys today.
Westminster, CA Top Employers
One of the most diverse cities in all of Orange County and California, Westminster, CA has a population of almost 90,000. Employees in the city work hard to provide for their families and achieve the lifestyle they want, and Eldessouky Law is proud to protect them as they do so.
Some of the largest employers in Westminster, CA include:
- Westminster School District: 1029
- Kindred Hospital-Westminster: 450
- Walmart: 346
- Target: 325
- City of Westminster: 320
- Macy’s: 300
- Honda World 217
- Westminster High School: 200
- J. C. Penney Co: 185
If you suspect that you are not being treated according to California’s employment laws, speak to our attorneys immediately. We will help you understand which of your rights have been breached and your next steps to secure justice.
Our Areas of Law we Can Help You With
At Eldessouky Law, our employment law practice is focused on protecting workers through the common violations they face.
Our practice areas in Westminster, CA include:
- Hostile work environment
- <Severance agreements, terms, and enforcement
- Sexual harassment
- Wage and hour cases, including overtime pay discrepancy claims
- Wrongful termination, including retaliation cases, including whistleblower claims
It does not matter what you are facing at work, you are entitled to the expectation of a safe and fair work environment. If you are being discriminated against or mistreated at work in any capacity, reach out Eldessouky Law today.
How Do I Enforce My Rights Against a Hostile Work Environment?
The California Fair Employment and Housing Act was created to provide wide protection for employees. As a result, the laws protect you from the illegality of a hostile work environment in several circumstances. These include:
- When the unlawful conduct is directed at you
- When you are targeted because you are associated with a protected person
- When the conduct is directed at someone else entirely
When any of these circumstances apply to you, the law allows you to file a complaint and proceed against your employer for the harassment you are facing. You should do this by:
- Filing a complaint with HR
- Filing a complaint with the Department of Fair Housing and Employment (DFEH), if HR fails to stop the conduct
- Contacting a Westminster hostile work environment attorney
The attorney will explain what you should know about filing a complaint with the DFEH and the other options open to you.
Keep in mind that in filing your claim, it will be necessary to establish that you have truly been in a hostile work environment. There are certain legal criteria that must be proved in order to show this. They include:
- That you are an employee of the defendant
- You were subjected to harassment because you are a member of a protected class or associated with one
- The harassing conduct was severe or pervasive
- Your employer, supervisor or co-worker engaged in the harassing conduct
- That you were harmed and the harassing conduct caused you harm. California Jury Instructions CACI 2521A
What Does it Mean for Harassment to Be “Severe or Pervasive”?
For conduct to qualify as severe or pervasive, it is usually expected to change the conditions of employment. It is conduct that creates an abusive, hostile or intimidating work environment. In order to determine if the harassing conduct is severe, a jury would need to look at:
- The nature of the conduct
- How often the conduct occurred and for how long
- The circumstances under which it occurred
- Whether it included physical threats or humiliating words or acts. Miller v. Dept. of Corrections (2005) 36 Cal.4th 446, 462 [30 Cal.Rptr.3d 797, 115 P.3d 77].
Sometimes, this conduct may include several instances of harassment or abuse. Other times, even a single incident can be enough for the conduct to be severe or pervasive. Government Code section 12923.
Since it can be difficult to tell if your circumstances fall within the legal requirements, it makes sense to speak with an attorney at once.
Contact Eldessouky Law Today
If you suspect you are being made a target of harassment or discrimination at work, contact the Westminster, CA discrimination attorney at Eldessouky Law today. Call 714-409-8991 to schedule a free consultation.