Our labor and employment law practice focuses on employee-side litigation. We have experience representing employees in state and federal court. We have worked on cases relating to all areas of employment law, from wage and hour disputes to racial discrimination claims.
Under state and federal law, it is illegal to discriminate, harass, deny employment, terminate or demote an employee because of race, age, sex, or disability, although this list is not exhaustive. A workplace sexual harassment claim may able to be filed in an instance of sexual harassment or misconduct.
It is also illegal for an employer to take adverse action against an employee for reporting violations of law. This is known as retaliation.
However, these claims are often fact-intensive and require organization, dedication, and the right advocate to be successful.
Learn more below. Contact Varlack Legal Services for a free consultation about how a labor and employment lawyer can help in your case. Based in Hayward, California, we serve clients throughout the San Francisco Bay area and beyond.
How to Win a Lawsuit for Harassment in California
As just one example of how complex a lawsuit against your employer may be, to win a case for harassment in the State of California, the plaintiff (the person filing the lawsuit) must prove all of the following:
- That he/she was an employee;
- That he/she was subjected to unwanted harassing conduct because he/she was a member of a protected class, such as Hispanic or disabled;
- That the harassing conduct was severe or pervasive;
- That a reasonable Hispanic/disabled person in the plaintiff’s circumstances would have considered the work environment to be hostile or abusive;
- That the plaintiff considered the work environment to be hostile or abusive;
- That a supervisor engaged in the conduct or knew about it (or should have known about it) but failed to take action;
- That the plaintiff was harmed; and
- That the conduct was a substantial factor in causing the plaintiff’s harm.
As you see, this is just one type of claim, but it requires evidence that must be worked on from the beginning of our relationship.
Free Consultation with a Hayward Labor and Employment Attorney
If you think that you may have a claim against your employer, contact VLS today for an unbiased opinion.