Workplace Harassment
Orange County Workplace Harassment Attorneys
Employees spend much of their lives in the workplace, and while they are there should be able to do their jobs without fear of harassment or bullying by others. When employees are subject to verbal abuse, threats, or intimidation, it can take a significant toll on their mental, as well as physical health. Work is stressful enough, and any added harassment or bullying should not be tolerated.
If you’ve been subject to a hostile work environment because of bullying or other such adverse acts, the Orange County workplace harassment attorneys at the Serendib Law Firm are here to help you determine your legal options. We are committed to ensuring employees have a safe workplace environment, free from mistreatment by supervisors, management, or coworkers. No one should have to feel harassed or bullied while just trying to do their jobs. If you have questions regarding your rights as an employee, please contact the Serendib Law Firm today to speak with an attorney.
Bullying at Work
“Bullying” in the workplace is generally defined as persistent mistreatment resulting in a negative health impact on an employee. Bullying can include an array of behaviors including:
- Berating
- Dismission of person’s work
- Exclusion from activities or meetings
- Intentional embarrassment
- Intimidations and threats
This persistent mistreatment can have a significant effect on the victim’s mental health, leading to depression, anxiety and panic attacks. Physical manifestations can also result which may include headaches, anxiety, ulcers and high blood pressure. Although “bullying” is not illegal under California law, these actions can rise to the level of workplace harassment or discrimination in many cases. If you feel you are being subject to excessive bullying or harassment, consulting an experienced workplace harassment lawyer in Orange County as soon as possible is important so you can take proper action.
Workplace Harassment Under California Law
When bullying in the workplace is motivated by an employee’s protected characteristic, it may rise to the level of illegal harassment under the California Fair Employment and Housing Act (FEHA). Both the individual who is doing the bullying as well as an employer can be held liable for workplace harassment. The FEHA gives employees the right to be free from a hostile work environment. Hostile work environments are created when an employee has been subject to discriminatory insults, intimidation, or other actions that is severe enough to change the conditions of their employment, rendering them unable to perform their job. Many times, these claims arise out of sexual harassment at work, but under the FEHA, protected classes also include: age, color, gender, marital status, national origin, race, religion, and sexual orientation. A qualified Southern California workplace harassment attorney can help you determine if your job has become a hostile work environment and what recourse you have against those responsible.
Although harassment claims are easier to show where a manager or supervisor is involved, there are instances where employers can be held accountable for harassment by other coworkers or even customers. In these cases, it must be shown that the employer knew about the harassment but failed to take proper measures to prevent it. As such, it is vital to report bullying when it occurs. If bullying actions rise to the level of harassment and create a hostile work environment, those who have been subject to that harassment might be entitled to damages. Compensation in these claims can include any back pay, front pay, and loss of benefits, as well as emotional distress damages.
Consult a Workplace Harassment Lawyer in Orange County
When you are subject to workplace bullying and harassment, those who are responsible should be held liable. Employees are entitled to a safe workplace, and should not be subject to threats, ridicule, or intimidation when trying to do their jobs. The Orange County workplace harassment attorneys at the Serendib Law Firm are dedicated to making sure workers receive the support and legal guidance they need. Our firm offers comprehensive and compassionate legal representation for clients throughout Orange County as well as elsewhere in Southern California including Los Angeles, San Bernardino, and Riverside Counties. If you need have been bullied or harassed at work and have questions regarding your legal rights, please call our office at 1-800-LAW-8225 (800-529-8825) or contact us online today.
Common Claims Brought Under PAGA
The California Supreme Court has nullified arbitration agreements containing “class action waivers,” numerous times, but the United States Supreme Court has upheld their validity. However, PAGA is a unique California law that allows employees to file claims on behalf of other employees who have suffered the same harm under the California Labor Code. Because the Labor and Workforce Development Agency (LWDA) has limited resources to investigate all labor violations, PAGA creates an opportunity for affected employees to aid in the effort. These “private attorney generals” act on behalf of the California Labor Commissioner, which circumvents any agreement to arbitration, as the Commissioner is not a party to those contracts.
Even though PAGA claims often are compared to class actions, different rules apply to each. When filing a PAGA claim an employee must first file a claim with the state regarding the violations being alleged. This claim must detail the employer’s violations of the California Labor Code, California Wage Order, or laws under the California’s Occupational Safety and Health Administration’s (OSHA) authority. The state then has 65 days to respond as to whether it will be doing an independent investigation into the allegations. If the employee does not hear back from the state, they are free to file a PAGA suit. Because of the unique and complex nature of these claims, consulting a seasoned Orange County employment attorney as soon as possible is important to making sure your rights are protected.
Common types of claims that affect a group of employees with recourse pursuant to PAGA include:
- Unpaid Wages
- Overtimeviolations
- Meal and rest break violations
- Improper expense reimbursement withholdings
- Unpaid commission
- Equal Pay Act claims
Pursuant to the California Labor Code, an aggrieved employee can take legal action against employers that have violated labor laws. “Aggrieved employees” include current and former employees who were affected by the violations. Employees cannot pursue a claim under PAGA if the LWDA has already brought legal action for the same violations alleged.
Civil penalties imposed in successful PAGA actions depend on how many violations were found. For initial violations, employers must pay $100 per employee per pay period, and subsequent violations carry a penalty of $200 per employee per period. The LWDA receives 75 percent of the awarded penalties while the affected employees split the remainder.
Orange County PAGA Class Action Lawyers
The legal field surrounding PAGA lawsuits can be complex and confusing as there are continuing developments occurring in courts. However, our Orange County employment law attorneys at the Serendib Law Firm stay up-to-date on any changes to make sure our clients have the best chance at succeeding in their claims to receive the compensation they are owed. Our firm represents employees throughout Southern California including Los Angeles, San Bernardino, and Riverside Counties. Please contact our office today at 1-800-LAW-8225 (800-529-8825) or fill out our contact form.
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"Integrity, competency, and compassion! Dimuth Amaratunga has represented me and counseled me in several matters over the last several years, and each time, I have benefited tremendously from his knowledge, his wisdom and his empathy. He is without a doubt an authority in employment law and personal injury. But most importantly, he has compassion and truly focused on getting the best result for his clients. I am a practicing attorney and I wholeheartedly recommend him and his firm!"