Abusive behavior by bosses is fairly common. Most employees just let such behavior slide for fear of losing their jobs or retribution in any other form. But if the abusive behavior is in excess or if the situation gets too toxic for you in the workplace, it is time to take action. A toxic workplace isn’t good for anyone. You can hire an employment lawyer to represent you and help you in this situation.

Here’s how an employment lawyer can help you deal with an abusive boss.

Counsel

Abusive behavior by a boss can be in any form – bullying, extortion, physical violence, insults, harassment, or discrimination. If any form of abuse is occurring due to your age, marital status, gender, sexual orientation, race, religion, or nationality then there can be serious legal consequences for your boss as such discrimination comes under ‘protected categories’.

Employment law differs from state to state. Depending on your state’s laws, you may be able to take legal action against an abusive boss. For this reason, it is important to consult with lawyers practicing in your city or town.

You can find good lawyers via online searches. Simply use the keywords with your location; such as Glendale employment lawyer to find various law firms’ websites in your area. You can find more information on the lawyers by checking their websites. Choose a lawyer with adequate experience in handling all kinds of employment law-related cases.

Depending on your specific situation and state’ laws, an employment lawyer will provide you with the right legal counsel.

Documenting Abuse

Before you file the claim, your lawyer may ask you to start documenting the abuse. You may want to record any conversations between you and your boss. You may want to save any emails or documents that can point towards the abuse. Jotting down instances of abuse can also help you when preparing your claim. If you have medical bills for treatment of any physical abuse meted out to you by your boss then it is important that you preserve it. Your lawyer will guide you about documenting the abuse.

In case, for any reason, you decide to not file the claim (for now); the records of abuse can come in handy at a later date. Guidance about documenting instances of abuse can also be useful when you change jobs. Access to information can empower employees.

Legal Action

If the abusive behavior of the boss goes out of hand, it is time to take legal action. If abusive or offensive behavior is excessive, it can hinder your ability to work. It can also cause your mental and emotional trauma. If for some reason, you are not able to find new employment, it is imperative you take action to protect yourself from the abusive behavior of your boss. If you can afford to get in the nitty-gritty of the legal matters, then taking legal action (even if you can change jobs) will be the right thing to do. It will be the right payback for the abusive boss.

Your lawyer will provide you information on filing a claim. Once you are clear on the claim process, you will need to decide if you wish to go ahead with it. Once you file a lawsuit, there is not getting back from it. Your boss will know about it and even if you withdraw it; there is no guarantee that the situation at your workplace will improve for you. In fact, it might get worse.

In serious cases of abuse and when claim negotiations fail, you may have the option to go to trial. If the workplace abuse caused you severe psychological trauma, injuries, or impacted your ability to work productively; going to trial may be the right thing to do.

The trial will include collecting evidence to support your case. Your lawyer will try to convince as many witnesses to testify on your behalf. Powerful employers may try to interfere with the case, harm your reputation, or play foul to win the trial. But a good lawyer will protect you from such misuse of power and try to get you justice.

If you have been wrongfully terminated from your job then you can take legal action for seeking justice. Hiring a wrongful termination employment lawyer can greatly help in this regard.

But what exactly does a wrongful termination attorney does? What are your legal options to fight the injustice meted out to you by your employer? What exactly is classified as wrongful termination? Yes, these are all valid questions that can come in the mind of the victims. The legal jargon used to explain law-related matters may further confuse the victims rather than help them take the right lawful action.

So, here are some frequently asked questions to help the victims understand the matter of wrongful termination properly.

What is wrongful termination?

If an employer terminates the employment of an employee or worker without a just cause; it is termed as wrongful termination.

Unjust causes can be –

• Discrimination based on race, gender, sexual orientation, nationality, religion, disability, age, political views, pregnancy, or marital status. If an employee is terminated for one of these reasons then is it unlawful.

• Retaliation or threats of legal action by employees who have experienced sexual harassment in the workplace can also be the reason for terminating an employee. The reasons given in such situations are something else; such as lack of performance.

• Whistleblowers are often fired as they publicly exposed something unlawful happening in their organizations.

• Those who file claims for wrongful termination, discrimination, or harassment are also often fired from their jobs as a retaliatory action by the employers.

• Employees are also often fired if they decide to not participate in illegal or unlawful practices of their organizations.

The termination will be unlawful as per the laws in your state. Wrongful termination laws can differ from one state to another. So, it is important to find the right information about it as per your location.

Can an independent contractor file a claim for wrongful termination?

No, since independent contractors are not actually employees of the organization; they cannot file a claim for wrongful termination. But if you have been misclassified as one then you may have a case. But ensure that you are aware of the laws regarding it in your state.

Can an employee file a wrongful termination claim against a supervisor?

It will depend on your state’s wrongful termination laws. For instance, in California, you can only file a claim against your employer even if it was your supervisor who fired you from the job. If your supervisor was responsible in other ways such as sexually harassing you and then terminating you in retaliation; you may file a different claim against that person.

When should a wrongfully terminated employee hire an attorney?

Wrongfully terminated employees must hire an attorney without delay. Depending on your location; there may be a statute of limitations on wrongfully terminated cases. So, it is important to consult with an attorney as soon as possible and file a claim.

If you suspect that your employer may fire you based on unjust reasons; then don’t wait for it to happen. Consult with an attorney to know your next steps. Your attorney may guide you about what to do in case you decide to file a claim in the future. For instance, your attorney may advise you about recording calls between you and your employer henceforth or keeping details of meetings between you two.

What is constructive discharge?

Constructive discharge or dismissal is when an employee is not able to work anymore in the company due to changes made to the organization’s policies or their employment. For instance, the changes can be regarding work timings, the use of advanced technology, increased workload, decreased pay, and reduced status. The employer, in such cases, won’t officially fire an employee from the job. But they would make it difficult for the employee to continue to work in the company in the same capacity as before. Constructive dismissals are high-risk cases. So, it is important to consult with a wrongful termination employment lawyer before any sort of retaliatory action.

Have you faced discrimination due to age, sex, race, religion, disability, or pregnancy in your workplace? Have you not been paid the minimum wage, denied payment for overtime work, or refused paid vacation, paid sick time off, and family medical leave? Have you had to make do without the legally mandated meal and rest breaks?

Have you had to put up with sexual harassment, retaliation, and unfair demotion? Have you been laid-off or have to deal with wrongful termination? If you have experienced any of these workplace issues, it may be time to get in touch with a Glendale employment lawyer and take a proactive step in protecting your rights as an employee.

Before contacting the employment lawyer in Glendale, however, here are a few things you should remember:

You must be sure that you have a legal case

While you may have a legitimate grievance against your employer, it has to hold up in court. Undertake some research and make sure that it will. You can even visit a few lawyers who offer a free consultation and get their expert opinion on the matter.

You must be clear about why you are filing the legal case

Are you filing the case because you want your employer to reinstate you in the company? Or because you hope to win a sizable financial settlement? Or for other reasons of justice? Since it could turn out to be a long-drawn battle, and you will need to stand your ground to get justice, you must begin with a strong motive.

You need to have credible evidence for your legal case

To convince the court of the legal legitimacy of your legal case, you need to back it up with credible evidence. Make a point of saving email, messages, and other correspondence with your employer. If possible, record your telephone calls. Maintain a diary record of the employer’s actions against you, including time, place, and witnesses. Get statements from the witnesses and any work records that prove your case.

You should find similar cases to get an idea about the likely outcome

There may be people you know or people you can look up who took the legal route to resolve issues similar to yours. Find out what the results were of these cases. You may not necessarily have the same outcome, but it can give you a better understanding of how the legal system works and what you can reasonably expect.

You should find out about legal costs and additional expenses

The employment lawyer in Glendale may take your case on a contingent basis, which means you need to pay them the legal fees only if they win it. You don’t have to pay them anything if they lose. However, you will still have to pay for additional expenses, such as filing fees, witness fees, expert fees, travel expenses, and so on. It could add up to a lot altogether, so it is best to have an idea of the amount at the start.

You should research the lawyer and their track record with similar legal cases

Before contacting the employment lawyer in Glendale, take some time to find out how competent and reliable they are. Have they won many similar cases, or have they gone for a settlement each time? The latter may not be a good sign, as it may signify they are more willing to settle than seek justice. You might also want to talk to their past clients about their experience of working with them. Last but not least, you should make a list of questions to ask when you visit their law firm. The employment lawyer in Glendale should be willing to answer these and clarify everything that you do not understand about employment law. They should also be readily accessible in person, on the phone, and via email. You want a lawyer who is ready to believe in you and be with you every step of the way in the case against your employer. They should be willing to take the matter to trial if it is not possible to reach an acceptable settlement and do everything legally possible to uphold your rights as an employee.

There are strict laws in place so that employers cannot unjustly fire their employees. If you think you are a victim of wrongful termination then you can take legal action against your employer. But you will need to make sure you are taking the right action. So, it is important to know about the laws related to wrongful termination in your state.

Wrongful termination laws can differ from state to state; even from one city to another within the same state. So, if you live in Los Angeles, it is important that you consult with good wrongful termination lawyers in Los Angeles itself. Otherwise, you may end up with incorrect information about wrongful termination laws.

Here are some circumstances when you need to consult with a wrongful termination lawyer.

Protected Categories

If you think you were fired from your job due to your race, religion, country of origin, sexual orientation, gender, or pregnancy then you should definitely consult with a lawyer. These are termed as protected categories under the law and your employer cannot fire you based on these grounds. If you feel this is the case with you then a wrongful termination lawyer can help you.

Harassment

If you were fired after you threatened to sue the company or the employer (post your sexual harassment) then you have grounds to take legal action. If you face any sort of mental or emotional harassment in the workplace, you can take legal action to protect your job or for your well-being.

Harassment of any kind can be a complex issue if it occurs in the workplace. Oftentimes; it is difficult to prove sexual harassment. So, before you take any action against the employer or supervisor or threaten them in any way; it is prudent to consult with a lawyer first. With proper legal action, you can fight the injustice done against you. But you will need sound legal guidance for it. An experienced wrongful termination lawyer can help you out greatly in this type of situation.

Opposing Discriminatory Policies

If you oppose a discriminatory policy in your organization and get fired for it; you can definitely sue your employer. A wrongful termination lawyer can help you understand the nitty-gritty of the situation after hearing the specifics of your case.

Retaliation

If you feel you were fired due to some sort of retaliation from your employer’s side then you should consult with a lawyer to know about what legal options.

Retaliation can be for any action on your part such as threats to reveal the company’s unlawful activities or discriminatory policies. If you witness sexual harassment of a co-worker and you threaten to take action, your employer can fire you in retaliation. Perhaps your supervisor favored someone else over you despite your performance is better than the other employee. Perhaps then you decided to take some sort of action such as threaten them with a lawsuit. If you were fired in retaliation in such a situation, you can definitely sue your employer.

A lawyer can help you by explaining the right legal procedure in this regard.

Other Circumstances

Independent contractors cannot sue for wrongful termination due to the non-existence of employer-employee relationship. But you can sue your employer if you were misclassified as an independent contractor and wrongfully terminated too.

Depending on your location, you will only be able to sue your employer and not the supervisor for your wrongful termination. But you can bring other claims against the supervisor if those pertain to your case and otherwise too. A lawyer can help you understand the process and guide you towards the right legal action.

If you feel you have been terminated from your job without just cause then it is best to consult with a lawyer. Oftentimes; in such situations, the reason for the termination is cited as lack of performance. If this is untrue then you can bring a claim for wrongful termination against your employer. A good wrongful termination lawyer can help you by offering you sound legal advice. Then you can take the right legal action with your lawyer by your side.