Fighting for Workplace Justice
Fighting for Workplace Justice
San Francisco Hostile Work Environment Lawyer
If you were terminated from a hostile work environment in San Francisco, Brandon Banks Law can help. As an employee in California, you have legal protections from workplace harassment and other inappropriate behaviors. Whether a manager, another coworker, or even your customers and clients create a hostile environment for you, a San Francisco employment lawyer can help ensure your workers’ rights are protected.
At Brandon Banks Law, our San Francisco employment lawyers understand how overwhelming it can be to face your employer, especially when they have already created a hostile environment.
With the help of a lawyer, we can have the tough conversations on your behalf, file a claim for compensation, and give you the peace of mind that you have a strong advocate on your team.
Contact us today by completing the Employment Intake Form. These details will help us determine how we can best support you.
What Is a Hostile Work Environment by California Law?
In California, a hostile work environment is created when an employee is unable to perform their duties due to offensive, profane, and hateful behavior. A hostile work environment would include situations where an employee was subjected to bullying, sexual harassment, threats, physical harm, or other toxic behaviors.
The harassment that a worker faces in a hostile work environment can be brought on by an employer, a manager, a co-worker, or any group of individuals. This harassment can be incredibly personal and targeted, including hateful comments about the employee’s:
- Race
- Color
- Religion
- Sex
- Sexual orientation
- Age, provided the employee is older than 40
- Disability
- Any other legally protected characteristic
The conditions for a hostile work environment go beyond an annoying boss or office gossip. It also does not include office disputes among coworkers, unless the disputes are fueled by hatred and malice.
How Much is a California Hostile Work Environment Claim Worth?
If you were terminated from a hostile work environment in San Francisco, you can file a claim for compensation for your damages. How much your claim is worth is dependent upon several factors including how long you were employed, your position and salary, the nature of the hostile work environment, and the physical and emotional impact that the traumatic experience had on your life.
Some specific damages to consider are:
- Medical Expenses: If an employee was physically harmed in an altercation at work, their medical treatment can be included in their claim. Additionally, if an employee can show that they suffered emotional and mental effects due to harassment at work and obtained medical attention as a result, they could receive reimbursement for these losses.
- Lost Wages: Many individuals who deal with workplace harassment will lose time at work or have to quit their jobs completely. This means that they could have suffered lost wages as a result.
- Pain and Suffering: A monetary award may be given to a worker who suffers from anxiety on the job due to harassment.
- Reinstatement: When somebody approaches HR or makes a report, they may be wrongfully terminated. A lawsuit can sometimes help them reinstate them into their existing position, if they still want it.
- Punitive Damages: Punitive damages may be awarded in addition to monetary damages you incur as a result of your hostile work environment. These tend to be awarded in extreme cases where the employer’s actions or negligence were especially heinous.
- Non-Monetary Requests: Somebody who has been harassed on the job can make requests that harassment will never occur in the future as certain measurements are taken.
California Hostile Work Environment Laws
California has several laws in place to protect their employees from hostile work environments. Whether striving to protect individuals based on their race, gender, age or creed, all employees have protections under California’s labor laws.
Fair Employment and Housing Act (FEHA): FEHA stands as the primary California statute barring discrimination, harassment, and retaliation within employment contexts. It safeguards individuals belonging to protected categories, encompassing race, color, national origin, religion, sex, gender identity, sexual orientation, marital status, disability, and age. FEHA’s provisions extend to employers with five or more employees. A violation of this law could include bullying, physical harm, or inappropriate jokes based on any of these characteristics.
California Family Rights Act (CFRA): CFRA furnishes eligible employees with the entitlement to up to 12 weeks of unpaid leave for specified family and medical reasons, including instances where an employee’s health impedes job performance or necessitates caring for a family member with a severe health condition. This legislation applies to employers maintaining a workforce of 50 or more individuals. A violation of this law could include denying leave or threatening job security if an employee exercises their right to take this leave.
California Labor Code Section 1102.5: This statute shields employees who disclose information to governmental or law enforcement entities regarding violations of state or federal laws or regulations, as well as those who abstain from engaging in activities that would contravene the law. A violation of this law could include termination, demotion, or harassment due to the employee disclosing information to one of these entities.
California Labor Code Section 98.6: Encompassing protections against employer retaliation, this section safeguards employees who file complaints or exercise their rights pursuant to the state’s labor laws. A violation of this law could include termination, demotion, or harassment after an employee files a complaint of labor law violation.
California Labor Code Section 230: Section 230 prohibits employers from discriminating against employees based on their lawful off-duty conduct, encompassing activities or pastimes occurring outside of work hours. A violation of this law could include termination or bullying based on someone’s engagement in a legal activity while not at work.
California Labor Code Section 6310: This provision deems it impermissible for an employer to retaliate against an employee for reporting workplace safety concerns or hazards to appropriate government agencies. A violation of this law could include termination, demotion, or harassment after an employee files a complaint of labor law violation.
California Business and Professions Code Section 16600: Addressing the use of non-compete agreements in employment contracts, this law ensures that employees retain the freedom to pursue employment opportunities upon exiting a job. A violation of this law could include threats made to an employee for seeking employment with another company in a similar field.
California Business and Professions Code Section 17200: This section pertains to unfair competition, encapsulating certain unfair business practices that may affect the workplace environment.
California Government Code Section 12940: A component of FEHA, this section specifically bars harassment and discrimination based on protected characteristics.
California Government Code Section 12965: This section delineates the procedures for lodging complaints with the Department of Fair Employment and Housing (DFEH) and seeking legal recourse for workplace discrimination, harassment, and retaliation.
EEOC Workplace Violation Claims
If you believe that you are victim of a hostile workplace environment, you have the right to file a lawsuit. There are legal protections for you under California law. In California and throughout the rest of the U.S., the Equal Employment Opportunity Commission (EEOC) oversees any type of discrimination, retaliation, and harassment that occurs in the workplace. It is crucial that you file a claim with the EEOC, who can determine if a hostile work environment is present based on some of the following factors:
- The conduct against you
- How frequent you experience the harassment
- The discriminatory intent of the harasser
- The employer’s response to the situation
- The impact that the harassment has had on you
How to Prove a Hostile Work Environment Case
Proving that you experienced a hostile work environment requires employees to demonstrate that:
- They are a member of a protected class
- They experienced harassment, discrimination or other hostile treatment in relation to protected characteristics
- Those behaviors created a hostile environment and impacted the conditions of their employment
- Any reasonable person would find the work environment to be hostile, oppressive, or abusive
- The employee attempted to stop the behavior by using all appropriate workplace avenues (e.g. reporting to HR, asking the individual to stop the behavior, etc.)
- The workplace can be held legally responsible
If you experienced a hostile work environment, it is important to document the behaviors. For example, you should keep a written record of who did what on what date and where. Also document any witnesses to the behavior.
Additionally, report all behaviors to human resources and other administrative entities within your organization to attempt to resolve the behaviors. Keep records of your outreach. If you are terminated, you might not have access to your email records, so it is wise to keep printed copies of emails to HR.
Your organization can be held legally responsible if you report abusive behavior and they do not take appropriate actions to stop it.
While some workplace harassment is obvious, it can be tricky to identify and prove. Working with an experienced San Francisco employment lawyer can help you prove your hostile work environment case.
Contact a San Francisco Hostile Work Environment Lawyer Today
At Brandon Banks Law, APC we understand what you are going through if you have suffered from or lost your job due to a hostile work environment. You may be feeling helpless and confused about your options moving forward.
You are not alone during these difficult times. Brandon Banks has experience dealing with hostile work environment cases in San Francisco. We want to help you exercise your rights as an employee in California. Please contact us for a consultation or fill out our employment intake form to get started. This form helps us best understand your situation and develop a plan to help you move forward.
Disclaimer: While this website provides general information, it does not constitute legal advice. The best way to get guidance on your specific legal issue is to contact a lawyer. To schedule a meeting with an attorney, please call the firm or complete the intake form below.
