Costa Mesa Workplace Harassment Lawyer

Workplace Harassment Attorney in Costa Mesa, CA

In the workplace, employees deserve to work in a safe environment. Unfortunately, this isn’t the reality for many California residents. If you suspect you’ve been a victim of workplace harassment, contact a Costa Mesa employee harassment lawyer to help you understand what legal options are available to you.

Hire an Employee Harassment Lawyer With Years of Experience

At California Employment Counsel, APC, our team understands how destabilizing workplace incidents can be for victims. You are likely to spend most of your time at work and dedicate yourself to your job to meet your bills. When your livelihood is threatened, the effects can spread into every facet of your life.

Our attorneys have a niche focus on protecting the legal rights of California workers. We’ve fought to secure millions of dollars in settlements for our clients. When you’re facing such a stressful time in your life, you need a strong legal advocate to validate your experiences and fight for what’s right.

The Fair Employment and Housing Act

The Fair Employment and Housing Act, or FEHA, is a California law that protects people from discrimination and harassment at work. Under this law, employers can’t treat someone unfairly because of their:

• Age
• Ancestry
• Skin color
• Religion
• Family or medical leave needs
• Disability, including HIV or AIDS
• Marital status
• Medical conditions like cancer or genetic traits
• National origin
• Race
• Sex or gender
• Sexual orientation

Types of Harassment in the Workplace

The top employers in Orange County include Fairview Developmental Center, Menzies Aviation, and Broadcom Corporation. Given the prevalence of large companies, civil rights violations often occur. It can be difficult to detect workplace harassment. Perpetrators frequently use sly, subtle tactics to oppress victims, making them feel like they’re overreacting. Harassment is illegal, as it makes a work environment scary, hostile, or abusive.

However, minor or one-time rude comments usually aren’t illegal unless they’re extremely serious. To break the law, the conduct must create a workplace that a reasonable person would see as intimidating or offensive. Harassing behavior can include:

• Rude jokes
• Slurs
• Being demoted or denied a promotion because of a protected characteristic
• Insults
• Sending offensive messages through email or social media
• Spreading rumors
• Excluding someone from work activities
• Romantic pressure
• Name-calling
• Unwanted touching
• Threats
• Assigning bad tasks for discriminatory reasons
• Physical attacks
• Intimidation
• Watching an employee too closely
• Mocking
• Sending someone offensive images

When an employee experiences workplace harassment, they have the right to report it to the California Department of Fair Employment and Housing. When a person reports harassment, they’re protected by law and can’t face retaliation for exercising their legal rights. It’s important to hire an employee harassment lawyer to help you navigate the next steps during this time.

What Is Employer Retaliation?

Employer retaliation occurs when a boss or manager at work punishes an employee for doing something the law protects, such as reporting harassment.

California has many workplace laws that protect employees from retaliation. These laws are enforced by the Labor Commissioner, and they apply to workers and job applicants across the state. Recognizing retaliation can be as difficult as recognizing the initial harassment. It can include:

• Getting fired right after making a complaint
• Being treated differently
• Getting ignored
• Being watched too closely
• Being demoted
• Getting passed over for promotions
• No longer receiving invitations to important meetings, even when the discussions relate to your job
• Being switched to a new work shift that conflicts with childcare or personal needs
• Having your reasonable vacation requests denied, especially when other employees have their requests approved
• Having your hours cut
• Having your work criticized more harshly

If an employee faces retaliation, they can file a complaint with the Labor Commissioner. In most cases, a retaliation complaint must be filed within one year of the date the employer took the negative action.

Steps to Take if You’ve Been Harassed at Work

When someone believes they have experienced workplace harassment, they can file a complaint with the California Department of Fair Employment and Housing. After a complaint is submitted, the Civil Rights Department reviews the situation and decides whether an investigation is warranted. If the department accepts the case, it conducts its own investigation by:

• Reviewing the information provided
• Considering evidence from both sides

To begin the process, a person must submit an intake form. In 2023, the Civil Rights Department received 29,877 intake forms regarding civil rights violations. In employment cases, the intake form must be submitted within three years of the last harmful act.

If you don’t want to go through the Civil Rights Department, you can request a “right-to-sue” notice from the Civil Rights Department before opening a legal case against your employer. There were 14,982 “right-to-sue” requests in 2023. The Civil Rights Department launched 5,765 investigations that year.

Evidence to Collect in a Workplace Harassment Case

When filing your complaint with the Civil Rights Department or opening a legal case in court, you’ll need to compile as much evidence as possible to support your harassment claim. Evidence can include:

• Keeping written notes or a detailed journal of dates, times, places, what happened, what was said, and who was there
• Emails, texts, or messages from work platforms
• Witnesses who saw or heard the behavior
• Copies of your complaint to HR or managers, and any responses from the company
• Documents related to being demoted, fired, or having your schedule changed due to harassment

To make your evidence easier to understand, organize it in the order in which the events occurred. Your attorney can help you prepare your evidence so it can be used effectively during negotiations or in court. Be sure to avoid:

• Deleting any messages, even if they seem unrelated or minor
• Posting about your situation online
• Recording conversations in secret to use as evidence
• Waiting too long to write down details of new harassment incidents

Choose a Trusted California Law Firm

Reach out to California Employment Counsel, APC, today to schedule your confidential consultation. We’re passionate about ensuring employees in Costa Mesa, California feel safe at work. When you don’t feel safe, you need a lawyer you can rely on. Let us be the ones to fight for your rights.