There are many factual considerations and legal issues that operate to establish liability and/or damages. Often, it is not just a matter of what specific reasons were given in a case, or what an employer said or did. Your attorney's role is to evaluate the real motivation.
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How to Respond If You Have Experienced a Hostile Environment
If the offensive conduct continues after you have told the harasser you are upset about and do not want it to continue, you should: (1) Report the conduct to your supervisor; (2) Document the date, time, place and any witnesses of all contact with the harasser and the supervisor whom you informed of the situation; and (3) contact a law firm that specializes in employment/labor law for a free consultation. It is possible the law firm will recommend you file, at a minimum, a formal, written complaint with your employer's Human Resources Department. The attorney may also recommend that you file a complaint with the DFEH (California Department of Fair Employment and Housing).
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How to Respond If You Are Fired or You Quit Because of Wrongdoing
If you are fired, you should ask your employer: (1) To put the reason for your (wrongful) termination in writing and provide this to you for your records; (2) Ask to review and copy your personnel file; and (3) Contact a lawyer that specializes in employment/labor law for a free consultation.
If you are terminated illegally, you may recover some or all of the following:
(1) Lost Wages; (2) Lost Benefits (medical, health, vacation, sick leave, etc.); (3) Emotional Distress Damages; (4) Punitive Damages; (5) Reinstatement of their employment; (6) Promotion; (7) Attorney's Fees.
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