Being undermined is one of the most disheartening feelings you can experience in the workplace. If such an incident is due to factors beyond your control, like your sex, gender, or nationality, then it even becomes illegal. Are you currently experiencing such a situation and would you like to know what you can do about it?
This article will help you understand how a discrimination lawyer can help protect your employment rights. A law firm like the Matern Law Group can work with you to either help you keep your job or held you get compensation if you have lost your job unfairly due to your protected status. Read on to find out what your attorneys can do for you.
Helping You Recognize Workplace Discrimination
Identifying the signs of workplace discrimination is not always straightforward. It can be subtle and hard to prove.
A workplace discrimination lawyer can help you see repeated patterns, such as being looked over for a promotion. They may also be able to help you understand if derogatory comments or other unequal treatment is due to a protected characteristic.
Defining Workplace Discrimination and Harassment
A legal advisor will have experience of what the courts consider to be workplace discrimination and harassment. This can depend on a variety of factors, including:
- If the company has a culture of discrimination in the workplace
- The response of the company to concerns of discrimination
- The company’s actions to resolve discrimination issues
In the modern workplace, this can also include cyber harassment, or even social media posts while not at work.
Understanding California’s Discrimination Laws
In California, you can expect a lawyer to be well-versed in handling such a situation, based on California’s specific workplace regulations. They can advise you based on State laws related to protected classes, workplace rights, and other areas of discrimination law.
Understanding Wrongful Termination
If you have lost your job and you believe it is due to the above discrimination or harassment, you may be able to raise a wrongful termination claim. This is especially the case if you lost your job after you informed the company of your concerns and/or complained. Speak with a lawyer about whether this is the case.
Making Your Employer Aware
One of the first things you should do is make your employer aware that you feel you are dealing with a discriminatory situation. They are responsible for complying with the law, but you also need to protect your rights.
If the process stalls or nothing is done to correct it, it may be time to get a lawyer involved.
The Advantage of Communicating Through a Lawyer
If you work with a legal professional, they can represent you and add significant weight to your statement. A letter from a lawyer displays how serious the situation is. It offers the gravitas that a discrimination complaint deserves.
Once you start communicating about this issue through a lawyer, they can also collect all written records about the situation. When reports appear, the lawyer can hold onto them and review them for any potential later litigation.
Helping Document All Incidents
When incidents occur in the workplace, you should document them. This can be done via photographing them or taking contemporaneous notes in meetings. Also, you can forward discriminatory emails to your personal address, though remove proprietary details first so as not to violate any company policies.
Also, it’s helpful to keep a diary of these incidents. This can be a physical or a digital diary with the following details:
- Approximate time
- Parties involved
- Details of the incident
Your lawyer can help you understand the information that needs to be in such a document to ensure it is useful. Every record will then act as a piece of evidence you can use should the situation warrant it.
Reviewing Your Company’s Anti-Discrimination Policy
When you raise the situation with your employer, make sure they understand that you want an investigation to take place. Employers are legally required to take your concerns seriously and address them promptly. Working with a lawyer can encourage them to take appropriate action without delay.
You can even request that disciplinary or corrective action take place, although they may choose not to pass the records of these on to you.
At the same time, a lawyer can review your company’s anti-discrimination policies for weaknesses. If they have such a policy, it should detail the steps they take should you raise concerns. As such, follow it to the letter where possible, with the advice of a legal professional to guide you.
Representing You in Discussions
Dealing with discrimination is challenging in any setting, but in the workplace, it can make you feel trapped. This is why having a lawyer can be a real help, as they can offer a form of protection.
Moving forward, such a professional advisor can do the following:
Gather Comprehensive Evidence
They will understand which types of evidence are most effective for such an investigation. They will be able to collect and present them in a way that is easy for anyone who needs to check them.
Conduct Effective Depositions
If you need to gather evidence from others involved in the situation, a lawyer knows the best way to do this. They will understand the rights of witnesses, as well as the right questions to ask them.
Negotiate Favorable Settlements
You can likely get a better settlement if you have a lawyer who understands the precedents of such cases in California and in the LA area. They can use these to encourage the company to respond to your concerns in a manner befitting the seriousness of your accusations.
Professionally Handle Courtroom Dynamics
If your case proceeds to court, the lawyer can help you navigate the legal necessities in such a situation and also represent you before the court.
Find a Discrimination Lawyer to Protect Your Interests
Armed with the above, you are better equipped to tackle workplace discrimination. Having this knowledge is only the first step, though, and you need to partner with a discrimination lawyer who knows what action to take.
The team here at Matern Law Group is a powerful ally when it comes to protecting your rights. We can offer you legal representation to help ensure you come out of this situation with the best possible outcome. So, contact us today to find out where to start.