Employees sometimes find themselves victims of actions at their workplaces that are discriminatory, harassing, and/or illegal, and that make it very hard, even impossible, to continue to work under such terrible conditions. The first thing to do is to recognize that such actions are likely illegal, and that you have rights to be free of such workplace-related actions. Whether such actions are verbal or physical, whether they create a discriminatory environment or single you out on the basis of any of the protected classes of factors, such as age, sex, sexual orientation, race, handicap, or others, you have a right to not be subject to such actions.
If you do find yourself being subject to such actions in your workplace, there are a number of things you need to do to protect yourself should these actions lead to your dismissal, or to your need to leave the job due to the nature of such illegal treatment.
1. Keep a journal, including dates, times, names of witnesses to the actions, names of the person or persons committing such actions, and a description of what complaints you have made about this treatment with the date of the complaints and who these complaints were made to.
2. When possible, and practical, keeping in mind your own safety, try to get the names and contact information of any witnesses to these actions.
3. Has anyone else experienced these same actions? Have they also complained through the proper channels? Try to get the names of others who have formally complained.
4. Review your employer’s Employee Handbook, and determine your employer’s policies and procedures related to any complaints you might have. Whenever possible, keep copies of any written communications between you and your employer about your complaints. These will be very important should you decide to pursue a legal remedy to the actions you have faced.
5. If you are dismissed from the job following the filing of a complaint, you have the right under California law to demand a full copy of your employment record, including all employee evaluations contained in that file. Be sure to demand those copies.
6. Contact competent legal counsel to determine your rights.
The Cartwright Law Firm has seen a significant rise in the number of workplace-related complaints over the past few years, and our observations have been further bolstered by national statistics generated by the United States Equal Employment Opportunity Commision. We believe it is not only damaging individual employees, but the entire work environment. If you have suffered from any workplace-related actions, such as sexual harrassment, wrongful dismissal, retaliation, bullying, or any other discriminatory treatment, merely for being who you are, contact The Cartwright Law Firm today for a free consultation. And remember – it is critical you take action as soon as possible, as there are limited windows for filing claims, sometimes only one year, in other instances two after the actions occured. Call us today at 415-433-0444 to learn more about your rights.