Protecting the Rights of Employees in Oakland and the Bay Area
If you believe you have been the victim of unlawful harassment, the law provides a pathway for you to file a lawsuit against those responsible for the harm you’ve suffered. Because employers often go to great lengths to minimize or hide abusive conduct, speaking with an experienced attorney is a critical first step.
At Venardi Zurada LLP, we serve Oakland and the entire Bay Area. Our employment law attorneys work on a contingency basis, meaning you don’t pay us until we recover money for you. We offer free consultations to evaluate your situation and determine if the conduct you’ve experienced meets the legal threshold for a harassment claim.
"Highly Recommend"
Highly recommend them! I am very new to legal cases yet I was very thankful for the effective communication and help I got from the team. Speaking Spanish also helped me feel like home, thank you.
Anayely R.
"Mark’s advice was spot-on"
I retained Mark after consulting him regarding issues I was experiencing with my employer. Mark’s advice was spot-on, and he was extremely generous with both his time and billing. More importantly, Mark fought diligently for my rights throughout the process ensuring I was not taken advantage of. It can not be overstated how important it is to have a knowledgable attorney with integrity leading the way when you find yourself being bullied by a juggernaut of a corporation. Having Mark in my corner was the best decision I could have possibly made.
Chris C.
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I am very thankful to have been represented by VZ Law Firm for my employment settlement. They did their best to negotiate a reasonable settlement amount for my case. I also felt very cared for by everyone I interacted with at the firm throughout the process. Highly recommend.
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"Your Best Choice for Employment Law"
If you need an employment attorney in the Bay Area, Tanya and the team at VZ are highly regarded, and I consider them the best choice. You won’t be disappointed.
Aaron F.
What Qualifies as Unlawful Workplace Harassment?
In a legal context, harassment is more than just a “difficult” boss or a “mean” coworker. Harassment occurs when an employee is subjected to inappropriate, offensive, or unwelcome conduct based on a protected characteristic.
It is important to understand that California’s “at-will” status does not protect an employer when the work environment becomes hostile. However, for harassment to be actionable in court, it must generally be “severe or pervasive.” This means the conduct must be serious enough or frequent enough to alter the conditions of your employment and create an abusive environment.
Types of Workplace Harassment We Handle
Harassment can take many forms, from physical gestures to digital messages. Our legal team represents victims in the following areas:
Manager Harassment
When a supervisor or manager is the harasser, the power imbalance can make the situation feel hopeless. In California, an employer is strictly liable for harassment by a supervisor.
Coworker Harassment
Harassment doesn’t have to come from the top down. If a colleague is creating a hostile environment and management knows (or should have known) about it but fails to stop it, the company can be held responsible.
Sexual Harassment
This includes unwelcome sexual advances, requests for sexual favors, or verbal and physical conduct of a sexual nature. Sexual harassment can be directed at a specific person or involve offensive comments about a gender in general.
Discriminatory Harassment
This is harassment based on a protected characteristic such as race, religion, age, or disability. While the act of harassment is the focus here, the motivation is rooted in bias.
Bullying and Verbal Harassment
Online and Cyber Harassment
In the modern workplace, harassment often follows you home. Unwelcome emails, inappropriate social media messages, or “cyber-bullying” via Slack or other internal platforms are all forms of workplace harassment.
Retaliation
You have the legal right to report harassment without fear of being punished. If you reported a hostile work environment and were subsequently fired, demoted, or treated poorly, you may have a claim for unlawful retaliation.
The "Severe and Pervasive" Standard
To win a harassment case, we must demonstrate that the conduct was either exceptionally severe (such as a physical assault or a single, highly offensive slur) or pervasive (a constant pattern of smaller incidents over time).
Generally, the more severe the abuse is, the less frequent it needs to be to hold up in court. Conversely, less severe behavior must happen frequently to establish a “hostile work environment.” Sometimes, harassment based on protected characteristics is interspersed with general “unpleasantness.” Our job is to connect the dots and prove that the core of the abuse was unlawful.
The Responsibility of the Employer
A company is responsible for maintaining a safe, professional environment. For a firm to be held liable for harassment by a non-managerial employee, we must show that management was either involved, clearly aware of the conduct, or failed to take immediate and appropriate corrective action to stop it.
Contact an Oakland Workplace Harassment Attorney Today
No one should have to endure abuse just to earn a paycheck. If you are being targeted at work, or if you feel your rights have been violated by a hostile environment, Venardi Zurada LLP is here to fight for you.
Call us today at (833) 348-3088 or fill out our online form for a free, confidential consultation.
