Employment Lawyer near Van Nuys, CA
No one should be harassed at work, period. Dealing with various forms of harassment can be distracting and draining on anyone. Suffering from harassment can have long term effects on not just your ability to excel at work but also your mental health. Most importantly no employees should be wrongfully terminated for opposing harassment at work. At Eldessouky Law we understand this, and our Los Angeles employment law attorneys have been successful in protecting employee rights and getting them fair compensation for their losses.
What is Harassment in California?
California law expressly prohibits employers from discriminating against employees on account of their protected characteristics. The most obvious protected “classes” will be an employee’s gender, sexual orientation, race, national origin, age (above 40), disability, and taking care of their own or a loved one’s medical condition.
Once you’ve identified yourself as being a member of a protected class, the next step will be to figure out if the actions taken by others rise to the level of prohibited conduct under the law. Continue reading below to see exactly what this means.
How do I file a complaint for Harassment?
The first step should always be contacting human resources. This is important for a few reasons: 1) it gives your employer notice of possible illegal conduct and allows them the opportunity to stop it; 2) your concerns should always be documented so that if you nothing is done to correct the harassment you have record of it; and 3) it shows you are not ok with being harassed and have done your part.
If you’re unsure how to proceed with filing the complaint or have done so and feel your employer has retaliated against you, give us a call.
Exceptional Employment Law Attorney in Van Nuys, CA
With a resident population of more than 140,000 residents, Van Nuys, CA is the most populous neighborhood in the San Fernando Valley. With a population larger than many cities in the State of California, it is important to Eldessouky Law that workers in Van Nuys who have concerns about their employment have a trusted source to contact.
Our Van Nuys employment law attorney works tirelessly to ensure that the city’s residents understand their rights and how a hostile work environment counters their productivity. Discrimination and sexual harassment are not the only unlawful conditions workers can be exposed to in the workplace.
Wage and hour theft is a growing concern in many industries, and wrongful termination, including retaliation, is a hot topic in certain sectors. If you believe you are being mistreated at work in any capacity, talk to our labor attorney at Eldessouky Law today to fully understand your rights.
Largest Employers in Van Nuys, CA
All, employers in Van Nuys, big and small, are required to uphold the California employment laws that apply to all cities and neighborhoods in the state equally. The California Department of Industrial Relations outlines labor codes that employers must give effect to in the workplace.
No matter how many workers they have or what positions these workers occupy, employers must respect employee rights and provide assistance in ensuring that these rights are not breached.
Some of the employers in Van Nuys, CA include:
- Los Angeles Unified School District
- Valley Presbyterian Hospital
When any of these employers breaches the employment rights of our clients, Eldessouky Law works diligently to correct the breach. It is our duty to hold erring employers responsible for their indiscretions on behalf of our clients.
Eldessouky Law: Employment Law Practice Areas in Van Nuys, CA
Enduring unlawful activity at work can deprive employees of their peace of mind, causing decreased productivity and serious damage to their self-esteem. At Eldessouky Law, our Van Nuys employment law attorney can help remove you from such a difficult position and hold your employer responsible for allowing the behavior to occur.
We provide assistance to Van Nuys workers in respect of the following practice areas:
- 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
If your employer is subjecting you to unlawful activity or permitting an unlawful situation to continue, we can help you. We can put a stop to the unlawful behavior and hold your employer accountable. Schedule a free consultation with our labor attorney today to learn more about how the law protects you and what options are provided for you to secure justice.
Fighting Harassment at Work: Severe and Pervasive Conduct
It is incredibly unfair and illegal for an employee to suffer harassment at work in the form of persistent ridicule, abuse or unwanted sexual advances. Apart from the fact that conduct of this nature destabilizes an employee emotionally and psychologically, it also deals a blow to their self-esteem and ability to enjoy life.
When this harassment becomes so consistent as to create an abusive work environment, it can interfere with your ability to do your job and earn a living. The toxic atmosphere thereby created is called a hostile work environment.
Previously, the standard for showing that you are being made to work in a hostile work environment was to show that the unlawful conduct was severe or pervasive. Miller v. Dept. of Corrections (2005) 36 Cal.4th 446, 462 [30 Cal.Rptr.3d 797, 115 P.3d77]
According to California Jury Instructions CACI 2524, this included showing that the conduct was so offensive and pervading as to “alter the conditions of employment and create an abusive working environment”.
Determining What Amounts to Severe and Pervasive Conduct
To determine what amounts to severe and pervasive conduct, the court would have to consider:
- The nature of the conduct complained of
- The frequency and length of time over which the conduct occurred
- The circumstances surrounding the occurrence of the conduct
- Whether the conduct was physically threatening or humiliating
- By how much the conduct interfered unreasonably with the employee’s work performance
The employee would be required to show that the conduct was not only occasional, sporadic or trivial but that it was concerted, repeated, routine or generalized. Fisher v. San Pedro Peninsula Hospital (1989) 214 Cal.App.3d 590, 609–610 [262 Cal.Rptr. 842]
However, under the new Government Code 12923 that entered into effect in January 2019, aggrieved employers no longer need to go to such lengths to show the wrong they have suffered.
Under the new code, it is now sufficient to show “that the harassment so altered working conditions as to make it more difficult to do the job”. Once it is shown that the wrongful conduct has made your job more difficult, the claim can succeed. Hyams v. CVS Health Corporation, No. 18-cv-06271-PJH 2019 WL 6827292, at *5 (N.D. Cal., Dec. 12, 2019)
In addition, the new code clarifies that a “single incident of harassing conduct is sufficient to create a triable issue regarding the existence of a hostile work environment.” Cal. Gov. Code § 12923(b). Based on this provision, the requirement that wrongful conduct must be repeated, continued or generalized no longer applies. Even a single incident can be sufficient to ground a claim.
Gender and sex discrimination in Van Nuys, CA
California law expressly prohibits employers from discriminating against employees on account of their protected characteristics. They must not apply double standards that favor some employees but disproportionately affect others.
This includes discrimination on the basis of gender such as by favoring male employees over females. For instance, terminating a woman because she is too short to fly an aircraft but transferring male employees with a similar issue to other jobs.
However, as is often the case, distinguishing what conduct is wrongful may be difficult. This is why it is absolutely important that you immediately contact an experienced hostile workplace attorney if you believe you are being subjected to wrongful conduct at work.
Schedule a Free Consultation with Eldessouky Law Today
The California laws protect your right to freedom from a toxic or hostile workplace environment. Do not let the unlawful conduct continue due to your inaction. Call our Van Nuys employment law attorney today at 714-409-8991 to learn about your rights and options for redress.