The Los Angeles Employment Attorney Services blog is an online portal of elite group of employment and labor law attorneys of Mesriani Law Group.
Showing posts with label Los Angeles employment lawyer. Show all posts
Showing posts with label Los Angeles employment lawyer. Show all posts

Thursday, February 26, 2015

Hiring a Los Angeles Employment Lawyer: What You Need to Remember




If you are working as an employee for a private or public entity, you are entitled to your right to file claims against your employer, especially if you were subjected to discrimination, harassment, retaliation, or any unlawful employment action that violates the prevailing laws. As it is, obtaining legal representation from a Los Angeles employment lawyer is imperative, wherein you allege that your erring employer violated certain employment and labor laws. Whether you have been discriminated against or harassed because of your protected characteristic or suffered retaliation because of exercising a protected activity, you can always rely upon an employment lawyer who can aggressively defend your rights.

In hiring a lawyer for an employment case, here are some things you need to remember in doing so:

  • If you are planning to pursue claims against your employer, you need to do so immediately. 

Time is of the essence in any legal situation, which is why you should not delay seeking legal help. There are strict time limits that usually apply in most cases of discrimination, and getting your claim off on a timely start can make a difference. For example, if you already filed a complaint of harassment with your company’s human resources department (HR) but it failed to address your situation, then it would be best that you immediately seek a lawyer.

  • Allow yourself to find the right lawyer to suit the needs of your claim. 

It can be done through Internet research, as well as seeking referrals from friends, family members and acquaintances. Remember that they, too, handle lots and lots of cases, so expect that when you contact one, you may be refused outright because of caseloads. But then, you won’t run out of luck since you are most likely to be referred to an attorney who is willing to evaluate and eventually represent you.

  • Most employment lawyers work on a contingency-fee basis. 

Also known as the “No Win, No Fee” guarantee, your chosen lawyer, as is the case with most of them, is only paid if he or she wins your case on your behalf through trial or out-of-court settlement. Legal fees are set a certain fee, which is the agreed percentage of the settlement amount you would receive. For example, if you won $100,000.00 settlement, your lawyer will obtain a certain percentage of it.

  • After you have chosen the best lawyer for you, it is imperative that you work with him or her up to the resolution of your case. 

Being cooperative with your attorney can help decide how fast and how sure the outcome that you want would be. Your lawyer will explain to you what to expect of your case. You will be assisted in obtaining substantial pieces of evidence, as well as in getting statements from witnesses who saw your ordeal in the workplace.

  • Your case may end up being settled before litigation could start.

A lot of lawsuits are settled via out-of-court settlement instead of going through a trial, and the same can be said for employment cases. In fact, it is a much preferred method of resolution, as trials are deemed too costly. But if no settlement is reached and the best recourse is to have it undergo trial, then you can always rely on your attorney’s expertise, ensuring that it will be resolved at the soonest possible time.

Putting these in mind sets your expectations straight in case you have been involved in a situation in the workplace wherein you have been subjected to adverse employment actions or practices by your co-worker or your employer. With an attorney by your side, you enhance your chance of obtaining compensation that you deserve while exacting justice from your employer’s inconsiderate actions.

Wednesday, October 3, 2012

Protect Yourself from Sexual Harassment in the Workplace

It might be disappointing but the ugly truth can’t be denied —sexual harassment in the workplace is very common, and can happen to anyone at any given time and place. In fact, it is a growing problem in the workplace.

Below are several ways how you could protect yourself against any nature of sexual harassment in the workplace.

Be fully aware.

Having the right knowledge definitely makes one powerful. People should be aware about the existing laws addressing sexual harassment in the workplace. For additional information about sexual harassment in the workplace, quoted below are several provisions stated by the U.S. Equal Employment Opportunity Commission (EEOC):

•    Harassing an applicant or an employee based on sex is illegal. Sexual harassment includes unwelcome sexual advances, request for sexual favors and other verbal or physical abuse of a sexual nature.

•    Both victim and the harasser can be either a woman or a man, and of same gender as well.

•    Although simple teasing, offhand comments or isolated incidents are not prohibited under the law, when the gestures become frequent and severe, creating a hostile workplace environment for the abused or when it results in a hostile employment decision, it becomes illegal.

•    Harasser can be the victim’s immediate supervisor or a supervisor in another area, a coworker, a client, or a customer.

Dress appropriately

One can gain respect from others by dressing modestly. Always look professional. Admit it or not, women are the first ones to be blamed when someone gives a lustful look on her cleavage or in her legs when they dress in an inappropriate way.

Always feel and look confident

Harassers love to assault the weaker ones or the ones that look vulnerable since harassers easily get intimidated by women with power or strong personality. Strength will serve as your biggest weapon against possible sexual harassment. Another thing is that people with confidence has the ability to pursue a harassment complaint to a higher authority.

Keep records

Maintain a record, like a diary detailing every single sexual advance that the harasser had done unto you. Consider it as your only form of proof should the harassment goes severe and you decide to take it to court.

Get surrounded by friends or colleagues

Always be with a group of trusted co-workers. Avoid being alone whether during meal break or rest break. Although colleagues may not be able to avoid a harasser in his advances, at least you will have witnesses if he makes unwelcome advances, which can make your claim stronger.

Although sexual harassment in the workplace could never be avoided, victims may seek justice and recover compensation in employment sexual harassment case. An experienced Los Angeles employment lawyer helps such victim in seeking compensation for the abusive and illegal behavior and makes the responsible party accountable for its misconducts.