When to Hire a Hostile Work Environment Attorney

By Dietrich E -

Every day thousands of people show up for a job they hate. Is it because the work is knuckle-scrapingly hard? No. Is it because the job is mind numbingly boring? No. It is because every day someone at that place of work makes life miserable for that employee. It makes suffering through until days’ end almost unbearable. It rears its ugly head as discrimination, be it sexual, racial, ageism or religious. It’s a boss who sexually harasses an employee or someone who chronically tells lewd, unwelcome jokes in the workplace. It’s a fellow employee in the next cubicle who gossips, bullies, sabotages or belittles the accomplishments of his neighbor and the boss who allows such behavior.

What these people are experiencing is a Hostile Work Environment and the U.S. Government passed laws like Title VII of the Civil Rights Act of 1964, Age Discrimination in Employment Act of1967, and The Americans with Disabilities Act of 1990 to prevent such things.

In America, we have the inalienable right to the pursuit of happiness. We have the right to work a job without being made to suffer to do it. While women have long found themselves the focus of unwanted or unwelcome attention such as this in the workplace, they are not alone suffering this kind of humiliation in Hostile Work Environments. But with the sexual revolution of the 60′s and 70′s, as more women found their way into the workplace, they were the first to bring the problem of Sexual Harassment and Hostile Work Environment to the attention of the courts. With the awareness in the last two decades of the ramifications of bullying and incidents that inspired phrases like ‘going postal’, it would seem that this kind of situation should be lessening in the workplace. But every day, it goes on. Every day, employees reach their limits. They are desperate to keep their jobs in a worsening economy and are forced to swallow their anger.

So what constitutes a Hostile Work Environment? The phrase covers a rather narrow term of definition, legally. Yet it defines a workplace situation where an employee cannot reasonably do his or her job because of rude or hostile or sexual behavior in the workplace specifically directed at a particular protected class of employee. Harassment can come either from a boss, supervisor or from another employee, or by the management’s failure to deal with such situations.

In other words, a boss who is generally hostile and rude to everyone may not constitute a Hostile Work Environment, but a boss who targets a specific person who belongs to one of these protected classes may, in fact, constitute a Hostile Work Environment. A boss who uses rudeness or hostility, or discrimination to force an employee to quit his or her job so that the company is not forced to pay unemployment insurance to that employee may constitute a Hostile Work Environment. A Hostile Work Environment Attorney can bring a lawsuit against management that either refuses or fails to take action against such behavior after the harassed employee goes to management for help. However, the victim’s behavior will also be taken into consideration in a lawsuit. If a victim responds with hostility of his or her own, that can nullify any lawsuit. And the harassment must be ongoing and severe.

Hostile Work Environment Attorneys say that the perpetrators in Hostile Work Environment cases count on intimidation and the desperation of these employees to keep their jobs to forestall any legal action. Some, unbelievably, cannot even conceive of this as harassment. Some 35% of all women surveyed in a 2007 study claim they have been subjected to harassment of some kind in the workplace. It’s estimated that only 5%-15% of all Hostile Work Environment cases are ever even reported. This might be partly due to the fact that management is already aware of the problems in the ranks and have chosen not to act. Whistle blowers are often the target of management’s wrath and the ostracization of that employee by others. So it seems like a vicious Catch 22.

Kenneth Wygand, a Los Angeles accountant, found himself the unwelcome target of Harassment by a boss who learned of Kenneth’s homosexuality. Kenneth became the brunt of office jokes and was intentionally left out of meetings. When he complained to a partner in the firm, he was assured that something would be done, but nothing was, and afterward, was characterized as ‘difficult.’ His supervisor continued to harangue Kenneth, pushing him to quit, rallying the other employees to ostracize him as well for fear of losing their own jobs. He was given terrible reviews and missed out on salary increases. But the boss simply defended his actions, saying that Kenneth was not performing up to standards. Out of desperation, Kenneth consulted a Hostile Work Environment Attorney and sued his former employer, and won a sizable case.

The fear of losing ones job is a powerful force. So many remain silent in the face of this destructive and debilitating behavior. But if the situation warrants, an experienced Hostile Work Environment Attorney can be your advocate where there is none in the workplace. If you feel you are a victim of a Hostile Work Environment, contact a Hostile Work Environment Attorney who specializes in workplace harassment issues who will help you get the compensation you deserve.

Dietrich Elliot is a freelance writer, teacher and retired Los Angeles Personal Injury Attorney. He writes about Personal Injury Law as it pertains to Los Angeles, the city in which he lives. You can contact Mr. Elliot by emailing him at: DietrichElliot@aol.com.

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How Employment Discrimination Lawsuit Plaintiffs Can Get Lawsuit Funding

By Paul Sherman

No-Risk Lawsuit Funding for Employment Discrimination Lawsuit Plaintiffs.

Employment discrimination lawsuit cash loan or settlement advance funding is a non-recourse cash loan provided to a plaintiff involved in an employment discrimination or workplace harassment lawsuit even before his/her lawsuit is settled or resolved.

Most of plaintiffs involved in employment discrimination or workplace harassment litigation or lawsuit do not realize that they can get lawsuit cash advance loan or settlement funding before their case settles. It is a contingent transaction in which cash loan is advanced based solely on the merits of a pending employment discrimination lawsuit. Lawsuit loan is paid back only upon successful verdict or settlement of the lawsuit. If the employment discrimination or workplace harassment lawsuit plaintiff loses case, the loan is never paid back to the lawsuit loan funding company.

What is Employment Discrimination?

In our country U.S., employment discrimination occurs whenever an employer or its representatives adversely single out employees or applicants on the basis of age, race, gender, sexual orientation, disability, religion and a variety of other reasons.

According to the U.S. Equal Employment Opportunity Commission (EEOC), employers can not discriminate against you in any aspect of employment, such as:

Hiring and firing Compensation, assignment, or classification of employees Transfer, promotion, layoff, or recall Job advertisements Recruitment Testing Use of company facilities Training and apprenticeship programs Fringe benefits Pay, retirement plans, and disability leave

The EEOC reported that it received 82,792 job-bias charges from private-sector employment in fiscal year 2007, the highest number since 2002 and the largest annual increase (9%) since the early 1990s. The most notable increases were for race (12%), retaliation (18%), age (15%) and disability (14%) discrimination.

If an employee experience employment discrimination or workplace harassment then he/she has the right to go for a legal resolve by means of employment discrimination lawsuit or claim. Depending on the kind of discrimination, the lawsuit will be called as followings:

1. Age Discrimination Lawsuit, 2. Racial Discrimination Lawsuit, 3. Sexual Harassment or Discrimination Lawsuit, 4. Gender or Sex Discrimination Lawsuit, 5. Sexual Orientation Discrimination Lawsuit, 6. Disability Discrimination Lawsuit, 7. Religious Discrimination Lawsuit, 8. Pregnancy Discrimination Lawsuit, 9. Workplace Harassment Lawsuit etc.

David vs. Goliath:

Mostly the legal battle between employment discrimination client plaintiffs and defendants is like a clash between David vs. Goliath. Workplace Harassment lawsuit cases are very complex to handle and to resolve and if it is against a major corporation their attorneys will be able to delay lawsuit judgment for years. Even if, law is on your side, deep-pocket defendants can buy time with legal ploys and delays, and maneuver to frustrate the plaintiffs. They exploit the cumbersome process of law.

You will agree that justice delayed is justice denied.

Most of the victims of employment discrimination may have lost their jobs. The plaintiff/victim has trouble paying his/her mortgage, rent, car payments, or other living expenses; while waiting for the settlement of the lawsuit. Many of them may be one or two payments away from foreclosures. They need cash money now.

How Employment Discrimination Lawsuit Loan or Settlement Advance Funding Helps?

Employment discrimination lawsuit settlement advance funding provides plaintiff, the cash loan so that their attorneys have more time to negotiate the best possible lawsuit settlement for their pending employment lawsuit or legal claim. By offering appropriate lawsuit cash funding or settlement loans, a reputed lawsuit funding company enable the plaintiffs to resist financial pressure to take the first low ball offer made by defendants attorneys.

Once the plaintiffs involved in employment discrimination litigation dispute get interim lawsuit funding or loan, it can be used to cover credit card debt, mortgage payments, medical bills and other living expenses. By helping plaintiff client through a difficult period, lawsuit loan funding company also give the extra time to negotiate a larger settlement.

The practical value of available cash money is at maximum, when you are in financial distress.

Employment discrimination litigation process usually causes intense financial stress and mental anxiety under the best of circumstances. It can cause lot of financial strain from lost or reduced salary or wages or tapping into cash reserves. But employment lawsuit settlement loan or funding will ease or alleviate the pressure and will make it a less tedious process. The cash advance available from a lawsuit loan will make it easier or less difficult and will contribute financial strength to reduce the economic anxiety and financial problems.

An employment discrimination or workplace harassment lawsuit cash loan or settlement advance funding allows you to leverage the expected settlement from your case to obtain the cash you need now. Lawsuit cash funding or loan eliminate the need to accept a minimal settlement amount due to personal financial pressures, and get the fair and just settlements the plaintiffs deserve.

About the Author:
Paul Sherman, The Lawsuit Money Man, is a Legal Funding Consultant. He offers free, professional, and independent advice to plaintiffs involved in employment discrimination or workplace harassment lawsuits, workers compensation claims, any type of lawsuits & attorneys to obtain Lawsuit loans. To apply for any type of Lawsuit loan funding, Workers Compensation claim funding, please visit: http://www.easylawsuitfunding.com

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Employment Practices Liability – Is Your Business at Risk For a Lawsuit?

By Russell Longcore

Employment Practices Liability Insurance (EPLI) is insurance that helps protect you against claims from your employees that result from the general conduct of your business.

Are you, the business owner, more likely to be sued by an outsider or by an employee?

The answer in most cases by a significant and growing margin…is an employee.

According to the Equal Employment Opportunity Commission, the average number of Employment Practices Liability (EPLI) cases file per year is a staggering 80,000 cases. According to a recent study, the average payout on an employee-related claim is up over 30% to approximately $180,000.

This new wave of litigation is not limited to large corporations. Mid-sized and small businesses are being devastated by EPL lawsuits. A recent case illustrates the problem.

A jury in Philadelphia decided in favor of a plaintiff who worked at a water treatment company with fifteen employees. The plaintiff was subject to national origin slurs and sued. After only deliberating for a half hour, the jury awarded the plaintiff $200,000 in back pay, $100,000 for emotional distress, and $265,000 for the plaintiff’s attorneys, for a total of $565,000.

Other crazy awards:

- A jury awarded $80.7 million to a UPS female supervisor who alleged a male supervisor poked her breast during an argument.

- A New York jury found that the NBA sexually discriminated when it failed to make a woman a regular season referee, awarding $100,000 in lost wages, and $8 million in punitive damages.

- A large P&C insurance company settled a sex discrimination class action for $157 million

- Mitsubishi settled two sexual harassment cases arising out of the same incidents for $45 million

- Publix Supermarket announced an $81 million settlement of a sexual harassment lawsuit

Here are only some of the ways that employees can file lawsuits against employers:

1. Wrongful termination of employment

2. Age discrimination

3. Failure to hire or promote

4. Breach of an implied employment contract

5. Negligent hiring or evaluation

6. Sexual or other workplace harassment

7. Retaliatory treatment

8. Infliction of emotional distress

9. Employment related misrepresentation

10. Violation of employment related laws

11. Adverse change in terms of employment

12. Wrongful reference (deprivation of career opportunity)

13. Failure to grant tenure

14. Invasion of privacy

15. Libel, slander or defamation

Businesses are being destroyed by employee lawsuits. The cost to employers includes defense costs and payment of damages. A business has to defend itself in a lawsuit whether or not there is ever a judgment awarded. It can cost thousands of dollars to simply respond to an EEOC charge without any lawsuit.

How You Can Protect Your Business

The best way to protect your business is by creating an Employee Handbook.

Take the time to create employment policies and procedures for your company. The very act of researching and writing down your procedures will enable you to evaluate how you run your business. Once you have written procedures in place and you take care to enforce those procedures, you can better defend your company against employee allegations and lawsuits.

Define hiring processes, and create checklists for the entire hiring process to make sure all laws and procedures are followed.

Define the employee disciplinary and/or termination procedures.

Once you have written the employee handbook, have your attorney review it before it is published.

Once it’s published, meet with every employee, either individually or as a group, and go over the handbook in detail. Require each employee to sign off, indicating that they have received a copy and had the Employee Handbook explained to the employee.

Then, take care to strictly enforce the employment procedures in the law and in your Employee Handbook. That also means that you must train your management team to follow the Employee Handbook procedures.

Insist on an exit interview for every employee laid off or terminated. At that interview, review all issues and have the employee sign off, saying that the issues have been explained, regardless of whether the employee agrees or not.

Finally, business should purchase Employment Practices Liability Insurance. EPLI policies typically cover claims of wrongful discharge, workplace harassment and discrimination. Key elements of coverage for an EPLI policy include defense costs for the business as well as coverage for claims and jury awards.

Now, I’d like to offer you two special reports at no cost. One is “5 Things To Do When Shopping For Car Insurance,” and the other is “5 Things To Avoid When Shopping For Car Insurance.” Each one is a $9.95 value, but free to you when you sign up for my newsletter at the website address below.

P.S. WARNING!! Do Not Buy Insurance, or Submit an Insurance Claim Without Visiting This Website!

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Home Depot Class Action Lawsuit Complaint Filed Over Alleged Age Discrimination



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Home Depot Class Action Lawsuit Complaint Filed Over Alleged Age Discrimination is a post from: ClassActionLawsuitsInTheNews

KPMG Gender Discrimination Class Action Lawsuit Brought On Behalf of Female Managers, Senior Managers & Managing Directors



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Goldman Sachs Gender Discrimination Class Action Lawsuit Complaint Filed



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Goldman Sachs Gender Discrimination Class Action Lawsuit Complaint Filed is a post from: ClassActionLawsuitsInTheNews

Eastman Kodak Class Action Settlement Of Race Discrimination Class Action Lawsuit



Class Action Settlement Announced In Race Discrimination Class Action Lawsuit Against Eastman Kodak. A class action settlement has been reached in a class action lawsuit against Eastman Kodak Compan (“Eastman Kodak” or “Kodak” or ”Defendant”) pending in the U.S. District Court for the Western District of New York (styled Courtney Davis v. Eastman Kodak Company, Case No. 6:04-cv-06098-JWF) alleging, [...]

Eastman Kodak Class Action Settlement Of Race Discrimination Class Action Lawsuit is a post from: ClassActionLawsuitsInTheNews

Social Security Administration SSA Targeted Disability Employee Employment Discrimination Class Action Lawsuit Class Certification Decision Affirmed On Appeal By EEOC



Social Security Administration Targeted Disability Employee Discrimination Class Action Lawsuit Certificaton Affirmed On Appeal by EEOC. An October 8, 2008 decision of an Administrative Judge to certify a class action lawsuit pending against Social Security Administration (“Social Security Administration” or “SSA” or “Defendant”) before the Equal Employment Opportunity Commission, Baltimore Division (styled Ronald Jantz, et al. v Michael D. Astrue, [...]

Social Security Administration SSA Targeted Disability Employee Employment Discrimination Class Action Lawsuit Class Certification Decision Affirmed On Appeal By EEOC is a post from: ClassActionLawsuitsInTheNews

24 Hour Fitness Class Action Lawsuit Filed Over Alleged Racial and Gender Discrimination



24 Hour Fitness Female and Minority Employees File Class Action Lawsuit Against 24 Hour Fitness Over Alleged Race and Sex Discrimination With Respect to Managerial Promotions. A class action lawsuit has been filed against fitness club chain 24 Hour Fitness USA, Inc. (“24 Hour Fitness” or “Defendant”) in the Superior Court of the State of [...]

24 Hour Fitness Class Action Lawsuit Filed Over Alleged Racial and Gender Discrimination is a post from: ClassActionLawsuitsInTheNews