Federal and state governments have enacted a number of laws that bar an employer from discriminating against employees on almost any grounds, aside from the quality of the employee’s work. In general, these laws prohibit employers from discriminating in their hiring, firing, promotion, or compensation practices on the basis of race, national origin, gender, disability, age or religion.
If an employer is found guilty of an intentional act of discrimination or of practices that have a discriminatory effect, an employee may be entitled to damages, including damages for lost wages, pain and suffering, and lost benefits.
Workplace harassment is any type of unwelcome action toward an employee that leads to difficulty in job performance, or which causes the employee to feel that he or she is working in a hostile environment. This harassment may be based on such factors such as race, gender, age, sexual orientation, or religious preference.
In general, there are several factors that
must be present for workplace harassment to be recognized. First, the conduct must be unwelcome
and offensive to the employee.
Second, the employee must voice his or her objection to the conduct. Lastly, the conduct must such as to
impact the ability of the employee to carry out his or her duties.
Often, harassment claims are brought in conjunction with claims for intentional infliction of emotional distress, negligent supervision, and or negligent retention.
Sexual harassment in any State is unwelcome conduct that can occur in a variety of circumstances, the harasser can be the victim's supervisor, a supervisor in another department, a co-worker, a non-employee or a client. The victim does not have to be the opposite sex and the victim does not have to be the person harassed but simply one person or one of multiple persons affected by the offensive conduct. Previously, only someone who was a direct victim of sexual harassment could sue. However, the California Supreme Court recently decided that when sexual favoritism is frequent and obvious it may create a "hostile workplace" and be grounds for a lawsuit.
If you have been the victim of sexual harassment or a hostile work environment and are now represented by an attorney, we may be able to help you with your financial needs until your case settles. , particularly where there are multiple victims and/or witnesses and your complaints to the company have fallen on deaf ears, you may have a pattern or practice hostile work environment claim.
A Class Action Lawsuit is a lawsuit that allows a large group of people with a common interest in a matter to join together to sue as one. In such a lawsuit, there are questions of law or fact common to the entire group, or class, which predominate over questions peculiar to each individual plaintiff. Thus, the plaintiffs are a group of people who have all suffered the same type of injury caused by the same defendant. If the plaintiffs in a class action lawsuit succeed, they usually are awarded damages similar to those awarded in regular personal injury lawsuits. The court may also award punitive damages if it finds the defendants’ acts were particularly harmful to the health or safety of the plaintiffs. The most common class action cases that we fund are unpaid wages cases, including those pertaining to overtime.
Individual members of a class action lawsuit may be eligible to receive an advance legal funding against their share of the future awarded damages.
Wrongful termination occurs when an employee is fired from a job unjustly. It is difficult to prove because most states have an “at-will” policy when it comes to employment, which means that either the employer or the employee may terminate employment at any time without consequence. Successful wrongful termination litigation usually involves proving the firing was because of discrimination (based on race, gender, age, national origin, religion or disability), retaliation or defamation of character. Damages awarded in such cases are determined by the difference between the likely compensation that the plaintiff would have earned but for the wrongful termination, and the likely compensation that the plaintiff can be expected to earn from alternate employment given the wrongful termination.
American Legal Funding can provide the lawsuit funding that you need for your workplace lawsuit. Whether you are a lawyer looking for attorney funding to see a good case all the way through, or a client looking to get a large sum of settlement funding from a case that has already been won, we have legal financing options that are right for you! And with more than 10 years experience and hundreds of satisfied clients, American Legal Funding is the clear choice. Call Us Today!