HHJ Trial Attorneys

San Diego Car Accidents & Injury Lawyers

Search
Close this search box.

Carlsbad Hostile Work Environment Lawyers

  • Over 550 combined Google 5-Star Reviews
  • Tens of millions won every year for our clients
  • We won’t settle for less than the maximum value for your case
  • 30 combined years of legal experience 
San Diego personal injury lawyers near me

Trusted And Recommended

HHJ Trial Attorneys proudly serve victims who have suffered from serious injuries. HHJ is one of San Diego’s premiere personal injury law firms.  We’ve obtained over ten million dollars for our clients within the last 4 years alone and have been voted the Best Litigation Firm for the last 3 years through the San Diego Union Tribune. All three partners have been voted as Super Lawyers and have received coverage from local and national news outlets.

Free Case Evaluation

Khala BarkusKhala Barkus
19:33 25 Sep 22
Michael and his team were so great during this entire process. They helped me to get a pretty significant settlement from my case and they were never delayed in any of the processes. I am confident that had I not "fired" the first attorney that I started to work with and called HHJ trail attorneys, I would not have gotten the results that I got with HHJ. You can't go wrong with working with these guys to settle your case.
TylerTyler
21:09 25 Aug 22
Michael and the HHJ staff were extremely helpful from the start of my case less than a year ago. From the time I had my accident, to having doctor appointments set up to the final conclusion, it couldn’t have been a smoother process from beginning to end. Michael is very detailed and organized and always has your best interest at heart. He is very responsive and is always on top of it. I didn’t have to do much other than show up to my doctor appts and respond with info that was needed. I would without a beat use Michael and his team again if needed. HHJ is the best in Southern California!
Claudia LopezClaudia Lopez
21:41 08 Jul 22
Mr. Adam Hepburn and his firm, HHJ Trial Attorneys, took on our legal case. Mr. Adam Hepburn came recommended, luckily. We can't thank Mr. Adam Hepburn and his firm for their stellar work throughout our entire legal case. If I had any questions or concerns, Mr. Adam Hepburn would quickly address my concerns either via email, cell phone or even on text. Mr. Adam Hepburn was very truthful, thoughtful when explaining the facts of my case, and extremely professional. If you're on the fence with hiring Adam Hepburn and his firm, don't be, he's the best in the field. Adam won my case! Must hire him and his firm if you need his type of services.
FergalFergal
15:00 20 Apr 22
Michael and the team at HHJ Trial Attorneys have taken the best care of our Clients after they have being involved in road accidents. The care, attention and commitment they provide to all their clients is extraordinary as are their life enhancing results - HHJ Trial Attorneys = Best In Class.
Anne FranksAnne Franks
14:41 20 Apr 22
Michael at HHJ Trial Attorneys is a professional Accident & Personal Injury Lawyers group. This group is very is highly recommended! They are very professional compared to other firms. If you are looking for a quality group of attorneys that will get the job done, this is the one to call!
js_loader

Carlsbad's Best Hostile Work Environment Attorneys Guiding You Through Personal Injury Claims

According to a survey by the American Psychological Association, 19% of workers say their workplace is very or somewhat toxic, and those who reported a toxic workplace were more than three times as likely to have said they have experienced harm to their mental health at work than those who report a healthy workplace. Another study found that one in five people in the United States experiences a hostile work environment.

 

If you’re a victim of a hostile work environment in Carlsbad, CA, you may have legal rights and remedies under both federal and California law. You may be entitled to compensation for your damages, such as lost wages, medical expenses, emotional distress, and punitive damages. You may also be able to obtain injunctive relief, such as reinstatement, promotion, or policy changes.

 

However, pursuing a hostile work environment claim can be challenging and complex. You may face obstacles such as proving the severity and frequency of the harassment, establishing the employer’s liability, and dealing with the statute of limitations. You may also encounter resistance from the employer, the harasser, or the insurance company.

 

That’s why our hostile work environment attorneys are here to answer some of employees’ most common questions about hostile work environments and how to seek legal help.

What Is a Hostile Work Environment?

A hostile work environment is a form of workplace harassment that violates federal and California law. Workplace harassment is unwelcome conduct that is based on protected characteristics, such as race, color, religion, sex, national origin, age, disability, or sexual orientation.

 

A hostile work environment occurs when the harassment is either:

 

  • Severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive, or;
  • A condition of continued employment.

The harassment can be verbal, non-verbal, or physical and can include actions such as:

 

  • Offensive jokes, slurs, epithets, or name-calling
  • Unwanted sexual advances, requests, or comments
  • Physical assaults, threats, or intimidation
  • Ridicule, mockery, insults, or put-downs
  • Offensive objects, pictures, or gestures
  • Interference with work performance or duties

 

The harassment can be committed by anyone in the workplace, such as a supervisor, a co-worker, a client, a customer, or a vendor. The victim does not have to be the person directly harassed but can be anyone affected by the offensive conduct.

How Can I Prove a Hostile Work Environment?

To prove a hostile work environment, you need to show that:

 

  • You were subjected to unwelcome conduct that was based on a protected characteristic.
  • The conduct was severe or pervasive enough to create a hostile work environment.
  • The employer knew or should have known about the conduct and failed to take prompt and effective action to stop it.

Some of the factors that courts consider when determining whether a hostile work environment exists are:

 

  • The frequency and duration of the conduct
  • The severity and nature of the conduct
  • The context and setting of the conduct
  • The relationship between the parties involved
  • The impact of the conduct on the victim’s work performance and psychological well-being.

 

To prove a hostile work environment, you need to provide evidence that supports your claim, such as:

 

  • Witness statements or testimony
  • Emails, texts, notes, or other written communications
  • Photos, videos, or audio recordings
  • Performance reviews, disciplinary actions, or complaints
  • Medical records, counseling records, or therapy notes

 

It’s imperative to keep written records and documentation of everything and anything that could be construed as evidence for your case.

How Can I File a Hostile Work Environment Claim?

Before you can file a hostile work environment lawsuit, you must file a discrimination charge with the EEOC or the DFEH. These agencies enforce the federal and California laws against workplace harassment. Filing a charge is a prerequisite for filing a lawsuit, and it also allows you to resolve your claim through mediation or conciliation.

 

You must file your charge within the time limits set by the law. For the EEOC, you have 180 days from the date of the last incident of harassment to file your charge or 300 days if there is a state or local law that also covers your claim.

 

For the DFEH, you have one year from the date of the last incident of harassment to file your charge.

 

After you file your charge, the agency will investigate your claim and determine whether there is reasonable cause to believe that harassment occurred. If the agency finds reasonable cause, it will issue you a right-to-sue letter, which gives you permission to file a lawsuit in court. You have 90 days from the date of the letter to file your lawsuit.

 

If the agency does not find reasonable cause, or if you request it, you can also obtain a right-to-sue letter without waiting for the investigation to finish. However, this means you will not receive any assistance from the agency in resolving your claim.

How Can a Hostile Work Environment Lawyer Help Me?

A hostile work environment lawyer can help you in many ways, such as:

 

  • Evaluating your case and advising you on your options and chances of success
  • Gathering evidence and witnesses to support your claim and refute the defenses
  • Filing a charge of discrimination with the EEOC or the DFEH
  • Negotiating a settlement with the employer or the insurance company
  • Representing you in court or arbitration if necessary

 

A hostile work environment lawyer can also help you recover compensation for your damages, such as:

 

  • Lost wages and benefits
  • Medical expenses
  • Emotional distress
  • Pain and suffering
  • Punitive damages (in some cases)

 

The compensation you can receive depends on the facts and circumstances of your case, such as the severity and duration of the harassment, the impact of the harassment on your work and well-being, and the conduct of the employer and the harasser.

 

Pursuing a hostile work environment claim can be challenging and complex. You may face obstacles such as proving the severity and frequency of the harassment, establishing the employer’s liability, and dealing with the statute of limitations. You may also encounter resistance from the employer, the harasser, or the insurance company.

 

If you feel as though you’re facing a hostile work environment, contact our attorneys today for a free and confidential consultation.

    FREE CASE EVALUATION

    Response time within minutes