lawyer who handles workplace harassment suits

How to find a government harassment attorney?

Harassment is defined as any behavior that is offensive, demeaning, belittling, or threatening. It can also include behavior that is hurtful, embarrassing, or that seeks to undermine the person, especially in the workplace. Workplace harassment can involve many different parties, including co-workers, employers, managers, supervisors, staff ...

Can you sue a lawyer for harassment?

Apr 03, 2015 · In the legal sense, harassment is an intentional behavior that is found disturbing or threatening. Harassment can take place through any form of communication, including: online messaging, contact through social networking, e-mails, phone calls, trespassing or through spoken/physical interaction. If you feel like you are a victim of harassment ...

How to sue someone for harassment?

Morgan & Morgan files the most employment litigation cases in the country, including those involving wrongful termination, discrimination, harassment, wage theft, employee misclassification, defamation, retaliation, denial of leave, and executive pay disputes. The workplace should be a safe place.

How many cases should each attorney handle?

We can help. Our experienced West Virginia workplace harassment attorneys at Klie Law Offices know exactly what to do in such difficult situations. That's because we have handled many harassment cases and thoroughly understand West Virginia's employment laws. Types of harassment. Harassment at work can take many different forms.

How do you prove workplace harassment?

What are 3 actions that are considered harassment?

How do you prove a claim of hostile work environment harassment?

What items are considered when dealing with harassment cases in the workplace?

How does HR handle harassment?

What do you do when a coworker is harassing you?

Can I sue for a toxic work environment?

What is proof of hostile work environment?

What evidence do you need to prove a hostile work environment?

How do you win a harassment case?

Is trying to get someone fired harassment?

What is an example of quid pro quo harassment?

Can an employer fire you for a lawsuit?

Suing for workplace violence, harassment, or assault is legal, and a company cannot fire you for filing a claim against them. Even if you lose the lawsuit, the employer still cannot fire you for pursuing the lawsuit. We all have a right to an attorney if we believe we’ve been victims of a crime with no repercussions.

What can a personal injury lawyer do?

A personal injury attorney can help with workplace violence related incidents and an employment lawyer can help you with multiple areas of work-related lawsuits such as: Sexual harassment. Discrimination based on disability, race, gender, age or religion. Wrongful termination. Pregnancy discrimination .

What is workplace violence?

According to the National Institute for Occupational Safety and Health, workplace violence is a “violent act directed toward persons at work or on duty,” including threats of assault, threatening behavior, and verbal abuse. If you have experienced a physical, behavioral, or verbal act of violence at your workplace, ...

What to do if you have been threatened at work?

If you have been threatened, harassed, or have been the victim of physical violence at work, the first step you should take is to report it to your supervisor to create a record of the incident. If your employer doesn’t address it and it continues, then the next step is to report the incident to your local police.

What to do when you are injured at work?

When you are injured at work in an act of workplace violence, you need to look into the feasibility of filing a claim against your employer. You can do this by alleging a number of different things, depending on the circumstances of your particular claim.

What is the statute of limitations for workplace violence?

When you are suing for workplace violence, you must make sure your claim has not expired under the state’s statute of limitations. Statutes of limitations are state-enacted time limits on filing claims. They tend to encourage people to investigate and file their claims more quickly, which will have the natural effect of preserving evidence for trial. You want people’s memories to be accurate and documents to still be available by the time you sue.

Is workplace violence sensitive?

Workplace violence cases can be especially sensitive and difficult to talk about. Depending on what happened to you and for whom you worked, you might be reluctant to open up about the incident. We can assure you that a Parker Waichman LLP workplace violence lawyer takes attorney-client privilege very seriously, and we only hire caring, compassionate lawyers. Your privacy will be fiercely protected, and your attorney will create an environment in which you feel comfortable talking about what happened.

What is harassment in law?

In the legal sense, harassment is an intentional behavior that is found disturbing or threatening.

What to do if you are a victim of harassment?

If you are a victim of telephone harassment, contact a harassment lawyer in your area to put an end to the aggressive party’s intrusive actions. You should contact harassment lawyers when an entity intends to annoy, harass or threaten you by: • If an entity or individual perpetually makes your telephone ring.

What to do if you feel harassed?

No individual should live in fear of harassment; there are steps to take to curb incessant obstructions like harassment. Consulting with a harassment lawyer is the first step ...

What is workplace harassment?

When workers are subjected to slurs, assaults, threats, ridicule, offensive jokes, unwelcome sexual advances, or verbal or physical conduct of a sexual nature, it can be considered workplace harassment. Similar to workplace discrimination, workplace harassment creates a hostile and abusive work environment.

Is it illegal to discriminate against a job applicant?

It is illegal to discriminate against a job applicant or employee on the basis of race, color, religion, sex, national origin, disability, or age. However, some employers do just that, leading to a hostile and inequitable workplace where some workers are treated more favorably than others.

What is wrongful termination?

This is termed wrongful termination, wrongful discharge, or wrongful dismissal. There are many scenarios that may be grounds for a wrongful termination lawsuit, including: Firing an employee out of retaliation. Discrimination.

What happens if you are fired without cause?

If you believe you may have been fired without proper cause, our labor and employment attorneys may be able to help you recover back pay, unpaid wages, and other forms of compensation.

Do independent contractors have to file taxes?

Independent contractors are not entitled to employee benefits, and must file and withhold their own taxes, as well. However, in recent years, some employers have abused classification by misclassifying bonafide employees as contractors in an attempt to save money and circumvent laws.

What are some examples of misclassifications?

Some examples of misclassifications include: Misclassifying a worker as an independent contractor to not have to comply with Equal Employment Opportunity Commission laws, which prevent employment discrimination.

What is defamation in the workplace?

Defamation is generally defined as the act of damaging the reputation of a person through slanderous (spoken) or libelous (written) comments. When defamation occurs in the workplace, it has the potential to harm team morale, create alienation, or even cause long-term damage to a worker’s career prospects.

Is bullying a form of discrimination?

This behavior almost always leads to a hostile work environment. Workplace bullying, when targeting a person’s protected class status, is a form of employment discrimination. It can sometimes be the result of retaliation from an employer and wrongful termination. Other times it is meant as pure intimidation.

How long does it take to file a bullying claim?

However, most workplace bullying claims can get filed with the EEOC. The EEOC requires you to file your claim within 180 days (300 days in New York, New Jersey, Pennsylvania, California, and Florida). Discuss the tie limits to file your workplace bullying claim ...

What are some examples of bullying?

What are Some examples of Workplace Bullying? 1 You experience excessive name-calling due to your disability. 2 Your coworker makes targeted jokes towards all Asian employees. 3 Your boss uses profanity or excessively foul language even after you ask him to stop. As a female, you find the language offensive and derogatory towards women. 4 You are the only Muslim employee at work. Your supervisor isolates you intentionally from the group and social work outings. 5 You get fired from work because you complained about excessive name-calling.

Is bullying harmful to the environment?

Bullying in any environment is hurtful and unnecessary. It can create severe psychological damage as well as physical pain and anguish. If you are affected by workplace bullying, the Derek Smith Law Group’s dedicated discrimination attorneys can help.

Can bullying happen online?

Workplace bullying can occur anywhere you work or meet for work-related events. Many employees work remotely. Therefore, workplace bullying can occur online as a form of online sexual harassment and discrimination. If your employers, coworkers, managers, supervisors, or customers are bullying you online, contact an employment discrimination lawyer ...

Our attorneys defend your rights

Factories, offices and other work spaces should be safe places to work and do your job. Unfortunately, some workplaces can be hostile or even dangerous environments where people don't feel safe or comfortable doing their job.

Types of harassment

Harassment at work can take many different forms. Some of the most common types of harassment cases we regularly deal with at our law firm include:

How we can help you

Don't underestimate the complexity of your harassment case. And if your employer claims there's nothing they can do about your complaint, don't take their word for it. Talk to us and learn more about all the legal options available to you.

What is an employment lawyer?

Also known as an employment lawyer, a workplace attorney represents anyone who is dealing with legal disputes, violations, or claims that are related to employment laws. Specializing in workplace laws, employment lawyers are an important factor in shaping the treatment of workers, and fairness in employment policy.

What can an experienced lawyer do for you?

An experienced lawyer will be able to walk you through the process, and help build your case for a potential lawsuit. Statutes of limitations exist on employment claims, so be sure to confirm date deadlines with your lawyer. A workplace attorney will also be able to advise you as to your next steps. For instance, if you are still employed, it may ...

Why are employment lawyers important?

Specializing in workplace laws, employment lawyers are an important factor in shaping the treatment of workers, and fairness in employment policy . Additionally, workplace lawyers help resolve disputes between employees and the employer, or disputes between co-workers. Employment attorneys help protect the rights of workers, ...

Why is it important to consult a lawyer?

For this reason, amongst others, consulting a workplace attorney can be quite beneficial in protecting your rights and interests, as well as your future in the workforce.

Can you sue your employer for harassment?

However, if you are in a situation where you have been subjected to offensive and unwelcome conduct that has affected the terms and conditions of your employment, you may be able to sue your employer for harassment for a hostile work environment.

What is hostile work environment?

In short, a hostile work environment is created when anyone in the workplace engages in a type of harassment that makes it impossible for an employee to perform their job duties. This type of harassment generally includes unwelcome comments or conduct based on race, color, religion, sex (including pregnacy), national origin, age (40 or older), ...

Do employers have to pay punitive damages?

Additionally, in some rare cases, employers may have to pay punitive damages to the employee, if their employer intentionally engaged in conduct that created a hostile work environment.

What are compensatory damages?

These damages typically include claims for lost wages, including back pay and benefits, due to the inability to work. In cases where the hostile work environment caused you to lose your job, compensatory damages will be awarded to help put you back in the same place you would have been had you not lost your job.

What is employer retaliation?

To protect employees who want to file a lawsuit or complaint against their employer, state and federal labor laws prohibit employers from engaging in retaliatory behavior. If an employee files a lawsuit or complaint for racial discrimination in the workplace, employers are prohibited, by law, from terminating, demoting, ...

What is the federal law that prohibits discrimination?

Employment and labor laws prohibit discriminatory or unfair treatment of an applicant or employee based on race, color, religion, sex, national origin, disability, age, or parental status. Federal law forbids “discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.”

When did employers have to pay equal pay?

Under the Equal Pay Act of 1963, employers are prohibited from discriminating on the basis of an employee’s gender or sex in the payment of wages. It is illegal for employees of different sexes, with the same skills and experience, to be denied equal compensation for performing substantially equal work in the same establishment.

What are some examples of gender discrimination?

Some other examples of gender or sex discrimination include: Hiring (e.g., an applicant, with excellent credentials and qualifications is denied employment on the basis of sex) Firing (e.g., a female employee is let go due to “cutbacks,” while a male employee with less seniority remains employed)

What is the age discrimination in employment act?

The Age Discrimination in Employment Act of 1967 protects employees over the age of 40 from discrimination in the workplace. Under the Act, employers are prohibited from: Offering different compensation, terms, or conditions of employment due to someone's age.

What is disability discrimination?

Titles I and V of the American with Disabilities Act of 1990 and Section 504 of the Rehabilitation Act of 1973 prohibits employment discrimination of qualified individuals due to a disability. This applies to both private and government positions.

What is the discrimination act?

The Act prohibits harassment or other discrimination based on: Affiliation (affiliating with a particular religious group) Physical or Cultural Traits (e.g. , accent, language, or dress related to the religion) Perception (the mere belief an employee or potential employee is a member of a particular religious group)

Before you can file a harassment or discrimination lawsuit against your employer, you have to bring your complaint to a state or federal agency

Before you can file a harassment or discrimination lawsuit against your employer, you have to bring your complaint to a state or federal agency.

Talk to the Offender

As unpleasant as it may sound, the first thing you should do is confront the person who is mistreating you. From a practical perspective, this is the best way to get the behavior to stop. And, legally speaking, putting the wrongdoer on notice will help you prove some important facts if you later file a lawsuit.

Make a Complaint Within Your Company

If your conversation doesn't resolve the problem -- or if you decided to skip the conversation altogether (for example, because you feared for your safety) -- the next step is to make an internal complaint. Check the employee handbook or ask your HR department how to file a harassment or discrimination complaint.

File an Administrative Charge

Before you can bring a discrimination or harassment lawsuit under federal law, you must file an administrative charge with the federal Equal Employment Opportunity Commission (EEOC) or a similar state agency.

Filing a Lawsuit

Once you receive your right to sue letter from the state or federal administrative agency, you may file a lawsuit. Whether, where, and when to file a lawsuit -- and what to include in it -- are all important decisions, for which you will certainly need a lawyer's help.