Oct 22, 2019 10:49 PM EDT
When Should You Hire an Employment Lawyer?
There are many reasons a person might consider suing or arbitrating against their employer. If an employee is passed up for a promotion, demoted or fired, they may want to consider suing. Sexual harassment and bullying may also be a good reason to sue. If you decide to sue you will obviously need an attorney. However, it is also a good idea to make a lawyer a part of any negotiation process.
If you have a consultation with an attorney, they will also be able to tell you if you have a case that is worth pursuing. When people think about suing their employer, they often think that they will definitely lose their job and then lose the case. Asking for an arbitrator or suing an employer can be frightening because the company controls your purse strings and you are dependent on them for future job references. However, Rubin Law Corporation can help you get a fair deal, so you can look for a better company to work for and teach your employer that they must respect their employees.
How to Know if you are Experiencing Discrimination
There has been much in the media recently about microaggressions, which are small indicators of prejudice. Although there may be many reasons an employer will treat you differently, a person must belong to a protected class if they are going to file a claim of discrimination with the State of California. Age, race, national origin and religion are protected in the State. An employer with more than 15 employees may not discriminate against someone because of their political affiliation. They may not take your genetic information into consideration. This means that an employer cannot discriminate against you based on anything in your DNA code. They cannot discriminate against you because of your sexual orientation. They cannot fire you or deny you a job if you are the victim of domestic violence or are being stalked.
Do you believe you have been fired or treated badly at work because of your race, religion or sex? Do you think a physical or learning disability might have been the reason you were not given a job that you were perfectly capable of doing?
If you answered yes, you can file a complaint with the Department of Fair Housing and Employment. Before you are allowed to file a lawsuit, you will generally be required to exhaust the options that you have through the DFHE first. Once you complain the DFHE will do an investigation. After the investigation is complete you can request a Right to Sue form. This form will allow you to sue in California's Superior Court. If you want to bypass the investigation, an attorney may be able to help you get an immediate right to sue notice.
Sexual Harassment and Bullying
If you have been propositioned, ogled or generally been made to feel uncomfortable at work, you may have a sexual discrimination case. If you have been made fun of, left out of meetings or gossiped about, you should talk to your attorney about a harassment case.
Compensation you May Get
If you sue an employer via the DFHE, your attorney may be able to get you both future and back pay. You may also be able to get punitive damages and money for emotional distress. Most importantly, you will get justice and you will send a clear message to both your employers and other employers in The Golden State that there is nothing copacetic about discrimination at work.
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