Sexual harassment is not easy to deal with. It can leave you scared, ashamed, and confused. You may need time to process everything that has happened, but you also need to remember that because of the statute of limitations, you only have a certain amount of time to report the incident and file a sexual harassment claim.
What is Sexual Harassment?
Unfortunately, sexual harassment in the workplace is not uncommon. Sexual harassment includes any unwelcome sexual advances, special requests for sexual favors, verbal sexual conduct, or physical conduct. These advances usually happen more than once and sometimes continue even after being told to stop.
What is the Statute of Limitations?
Statute of limitations is defined by Legalmatch.com as a restricted amount of time a victim has to come forward with a sexual abuse claim. There are some plans in the works to extend the current statute of limitation laws. But as of now, each state has its own time frame.
In the state of Arizona, the victim of sexual harassment has 300 days from the alleged incident to file a charge against an employer to the Civil Rights Division. If you are looking to file to the Attorney General, you have 180 days from the date of the incident to do this.
Steps to Filing a Sexual Harassment Claim
The first thing to do when experiencing sexual harassment is to report it right away to the person in charge at work. You should also report it to the police right away so a police report can be filed. All claims should be taken seriously and thoroughly investigated.
After reporting the incident, seek legal advice and representation from an experienced lawyer. Your lawyer will be able to handle your case from collecting evidence to dealing with the accuser’s legal team. This way, you can focus on getting back to your life.
How Workplaces Can Prevent Sexual Harassment
Every employer should have a sexual harassment plan in place. This means they should train their staff to identify and even prevent sexual harassment from occurring. A policy should always be in place and all employees should be responsible for following these guidelines.
Working with Hernandez Law Firm
The legal team at Hernandez Law Firm understands how stressful a sexual harassment claim can be. At Hernandez Law Firm, we specialize in employment law and can help you deal with working in a hostile environment. We can provide the advice you need to fully understand your rights as well as evaluate the case and aggressively fight for you.
It can be confusing, but when being treated unfairly at work, it could actually be considered retaliation. Either way, you could have some sort of claim on your hands. Before moving forward with any legal action, speak with an attorney and learn the difference between retaliation and unfair treatment.
Did you know that retaliation in the workplace is actually very common? The United States Equal Employment Opportunity Commission receives plenty of complaints each year.
The EEOC’s official definition states that retaliation in a work setting comprises a narrower set of circumstances than what is considered everyday retaliation. Three things must be present for a valid retaliation claim as stated in the Civil Rights Acts of 1964:
- You have engaged in protected activity
- Your employer took adverse action against you
- Your employer did this because you engaged in protected activity
Those who have filed a discrimination in the workplace claim are always encouraged to do so and should be protected from fear of being fired or punished for doing so. A retaliation reaction to filing a claim could be in the form of being denied a promotion, denied job benefits, a demotion, a suspension, or even a discharge from your job.
To move forward with a retaliation claim, you must provide evidence. Keep in mind that direct evidence can be very hard to find, but with the right attorney, like the skilled team at Hernandez Law, they will be able to prove it.
Unfair treatment in the workplace is when you have either been denied a promotion, denied job benefits, a demotion, a suspension, or even a discharge from your job for no reason and before filing any workplace discrimination claims. When this happens, you should always speak with an attorney to know your rights.
Working in a hostile environment can be harmful and can really impact your job performance as well as your health. If you feel you are working in a hostile environment, it is vital to be aware of what you can do to improve the situation.
What is Considered a Hostile Work Environment?
The definition of a hostile work environment is unwelcome comments or conduct related to gender, race, religion, disability, sexual orientation, age or nationality that interfere with the work of employees which create an intimidating workplace. These comments or actions can be done by a vendor, client, manager or coworker.
Laws Surrounding Hostile Workplaces
It is unlawful to conduct a hostile, abusive or intimidating workplace, especially in cases where salary and status of an employee may be impacted. The Equal Employment Opportunity Commission enforces laws surrounding hostile work environments.
If you are working in a hostile environment, you will need to file a charge of discrimination with the Equal Employment Opportunity Commission. This can be done through the mail, in person, or via telephone. Keep in mind that you must file this within 180 days of the incident.
You will also need to report to the proper person at your place of employment and let them know what you are experiencing and that you have filed a charge of discrimination.
Talking With an Employment Law Attorney
Before taking any action, it is best to talk with an experienced employment law attorney to know your rights. They will be able to walk you through everything to ensure your rights are taken into consideration. At Hernandez Law Firm, we specialize in employment law and can help you deal with working in a hostile environment. We can provide the advice you need to fully understand your rights as well as evaluate the case and aggressively fight for you.
There are times when the unexpected happens and you find yourself unemployed with no hope in sight. However, you could be eligible for unemployment benefits to help you pay your bills and get you back on your feet during this tough time.
Unemployment Benefits in Arizona
Did you know that Arizona is known for having the second lowest unemployment benefits in the country? On top of that, in recent years, it has become even more strict. Unemployment benefits in Arizona include the ability to collect up to half of what you earned over a 26 week period. However, there are certain limits to the amount you can receive. In Arizona, you are only allowed up to $240 per week in unemployment benefits, however, the least amount you can receive is $122 per week. Your recent work history will always be looked at and taken into consideration when determining the amount you will receive each week.
In the state of Arizona, if you have been laid off or fired, you may be eligible to receive up to four weeks of unemployment benefits. To be eligible, you must have earned minimum wage prior to becoming unemployed. During the four week period, you must be actively seeking employment and be available for opportunities. You must also take any suitable job, as long as it earns more than twenty percent of the amount that you are currently making (this comes out to as low as $15,000 per year).
Reasons for Eligibility
Reasons for eligibility include being laid off due to the company downsizing for economic reasons or being fired for having the lack of skills needed. Keep in mind, if you have been fired over misconduct or negligence, you will not be eligible for unemployment benefits. Additionally, if you quit your job on your own terms, you are not eligible for unemployment benefits. However, you could be eligible for unemployment benefits if you quit due to dangerous conditions if there is a good reason.
Hernandez Law Firm
At Hernandez Law Firm, we specialize in employment law and fully understand unemployment benefits in Arizona. If you have recently become unemployed, we can provide the advice you need to fully understand your rights and find out if you are eligible for benefits. Also, if you have found yourself denied for unemployment benefits, but believe this is a mistake, Hernandez Law Firm will be there to evaluate the case and aggressively fight for you.
Workplace discrimination is unfortunately not uncommon. From age discrimination, to gender discrimination, to religious discrimination, all different forms of discrimination can be present in the workplace. So, how do you know you are a victim of workplace discrimination?
Age discrimination is one of the most common forms of discrimination in the workplace. The signs of age discrimination include: harassment about your age, frequent patterns of encouraging your retirement, and even eliminating your position all together, yet giving the responsibilities to a younger employee. Always be aware of these kinds of signs in the workplace and speak up if you feel that you are being treated differently.
If you are being treated differently or unfavorable because of your religious beliefs, then you are experiencing religious discrimination, which is against the law. You are not allowed to be fired or paid less because of your religion. Keep an eye out for your employee not promoting you or giving you benefits along with giving you tougher assignments. These could all be signs of religious discrimination.
Pregnancy discrimination occurs when a woman is treated unfavorable because she is pregnant. This is where the Pregnancy Discrimination Act comes in, which forbids discrimination based on pregnancy during any aspect of employment. This includes hiring, firing, job assignments, promotions and layoffs. If you feel like you are being treated differently due to your pregnancy, you might be experiencing pregnancy discrimination.
Another very common workplace discrimination is gender discrimination. This occurs when you are being treated differently because of your gender. Signs include: not getting paid as much as a coworker who is of a different gender, constantly losing promotions to coworkers of another gender or being assigned tougher assignments.
If you feel like you are a victim of workplace discrimination, it is important to speak with an employment attorney as soon as possible. They can help you fight to get the justice you deserve.
Hernandez Law Firm
The legal team at Hernandez Law Firm understands employment law and can provide the advice you need to fully understand your rights. Employment law issues are timely matters and may need attention immediately. It is best to get the legal advice you need as quickly as possible.