A hostile work environment arises from persistent harassment based on your protected class over an extended period, resulting in a work environment where you can no longer complete your tasks because of the harassment.
Contact Brett Daniel Kaplan, a Weston hostile work environment attorney at Kaplan Employment Law, P.A
Hostile Work Environment Cases Apply to All Protected Classes
A common misconception is that hostile work environment cases only apply to sexual harassment. While sexual harassment cases form the majority of hostile work environment cases, the same applies to other protected classes, such as race, disability, or gender identity, for example.
ATTENTION TO THOSE CURRENTLY EXPERIENCING HARASSMENT AT WORK
If you are in a dangerous position at work, you may report physical threats of violence or actual assaults to the police. You can report such misconduct to law enforcement from the safety of your home. The point is that hostile work environment cases are often physically threatening and may become physically abusive, sexually or otherwise. You should have no hesitation to contact the police to report extreme physical harm at work.
Call us now to protect your rights, and ultimately, the value of your experience.
Even if your work environment is not physically abusive, waiting too long before involving a lawyer is the biggest problem we see in hostile work environment cases. We have the expertise to advise you on your current employment discrimination case.
Indeed, the law is tricky, and there are many decisions to be made. One slip, and you could have no legal recourse. Believe us when we say that we are not exaggerating.
Consider: what are the signs to look for when you suspect your employer is trying to fire you ... or how do you know if they want you to quit; what point is resigning better than a termination; and what about resignation letters ... when should you write them, what to write in a resignation letter, and what not to write in a resignation letter. These are all questions that we can help you execute to protect your legal rights as an employee in Florida.
Your Employer Has a Defense Against Hostile Work Environment
One of the most common pitfalls of not having a lawyer during a hostile work environment situation is that the employer may build a defense if you do not take specific actions.
Your employer may raise a defense to your hostile work environment claim if you: (1) fail to apprise your employer of the hostile work environment, or (2) the employer corrects the situation promptly upon notice.
The manner which you complain to your employer must be provided for in your employee handbook. While the law does not require you to report harassment to the harassing supervisor, you must apprise someone outside of the harassing supervisor to defeat the employer's defense. That "someone" should be designated in your employee handbook. Typically, all complaints made to human resources are deemed sufficient. Sadly, many individuals do not report the harassment to human resources and their claims are defeated, notwithstanding a fear of reprisal.
An employee must prove:
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