Friendly banter and joking among co-workers are good for morale and can build camaraderie, making the workday more enjoyable. However, when this crosses the line into unwelcome sexual advances or bullying behavior, it is a detriment to the workplace and creates a hostile environment for victims. If this is happening to you, a lawyer at Erkel Law, P.C. can help you understand your options for filing a claim against your harasser and against your employer for allowing it to occur.
The state has made some progress in protecting victims by extending the statute of limitations in Sacramento harassment cases from one year to three years. This gives you more time to file your lawsuit in the state court, but you can also have a claim with the federal Equal Employment Opportunity Commission (EEOC), which has a shorter time limit. That is why it is essential to consult with a harassment attorney as soon as you feel that you have been subjected to mistreatment at work.
All employees in California have the right to work in an environment that is free of discrimination and harassment. While these two terms are used together, they are actually two distinct words with specific meanings.
Discrimination is treating an employee or co-worker in an unfair manner because of a person’s protected characteristic, which includes their race, gender, and religion, among others. Unfair treatment can be anything from being denied a promotion or raise to being excluded from new project meetings.
Harassment is when seemingly harmless behavior, such as rude remarks, insensitive jokes, or tricks, becomes so persistent and intolerable that it creates a hostile work environment. Victims do not have to be a minority; everyone has the right to work without fear of being mistreated.
Thankfully, federal and state laws offer victims a way to fight back, and an attorney at Erkel Law, P.C. can help. Keep in mind that there are strict time limits to file harassment claims in Sacramento.
Harassment is prohibited under the law, and the deadline for filing a case in Sacramento depends on whether it is being filed with the EEOC or the California Civil Rights Department. A federal claim must be filed between 180 and 300 days from the date of the most recent incident. For state claims, you have three years from this day.
The remedies that may be available to you vary based on the specific facts of your case. In general, you can recover compensation to pay for your costs associated with the misconduct, such as backpay and expenses from searching for a new job. If the behavior was egregious or persisted for an extended period, you may be awarded punitive damages as well.
If you left your job because of the hostilities, it is even possible to get reinstated. In some situations, the court can order an employer to change its policies and implement employee training to prevent future incidents.
If you believe you are the target of mistreatment at work, you may be able to file a claim against your employer and recover compensation. There is a statute of limitations in Sacramento harassment cases, however, so it is vital to start the process as soon as you can. Call Erkel Law, P.C. today to schedule an initial consultation to discuss your situation.
Past results do not guarantee future outcomes, and each case is different. We offer free case evaluations, and no attorney’s fees are owed unless we recover compensation unless otherwise agreed to in the engagement agreement; clients may be responsible for case-related costs and expenses. Recognition by third-party legal directories is based on their own criteria and does not imply specialization or certification. Descriptions of practice areas do not constitute certification or specialization unless expressly stated. We are not affiliated with, endorsed by, or approved by any government agency.
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