For many people, jobs play a central role in defining their identity. When you lose your job, it is often an especially traumatic event that cuts to the core of how you see yourself, negatively impacting your sense of self-worth and dignity.
More than that, when losing your job is coupled with unfair treatment, such as discrimination, reporting sexual harassment, or a breach of your employment contract, the loss of your dignity is compounded by the injustice of the loss. Quantifying damages for loss of dignity, humiliation and injury to your feelings is a complex process, mostly due to the fact that it is difficult to place a monetary value on your dignity.
However, the fact remains that in California, you can pursue damages for loss of dignity by filing a lawsuit against your employer.
Legal Support From Experienced California Employment Lawyers
Our experienced team of California employment lawyers at Maison Law can help restore your dignity by providing you with a sympathetic ear, much-needed validation, and legal support to carry you through your claim. If you would like to get started, contact us today for a free consultation.
California Employment Law And Loss Of Dignity
The Fair Employment and Housing Act (FEHA) is the primary means of legal protection for both public and private employees in California. Legally speaking, it prohibits employers from engaging in actions that often lead the loss of your dignity, including discrimination, retaliation and harassment in the workplace.
The FEHA applies to employers with five or more full-time employees and goes along with federal protections for many of the same nondiscrimination and harassment found in the Title VII of the Civil Rights Act of 1964.
Specifically, the FEHA outlaws discrimination, harassment, and retaliation based on the following characteristics:
- Race
- Color
- Religion
- Age
- Gender identity, gender expression
- Sexual orientation
- Pregnancy
- Marital status
- Medical Condition
- Military or veteran status
- National origin
- Ancestry
- Disability
- Genetic information
- Request for family care leave
- Request for leave for an employee’s own serious health condition
- Request for Pregnancy Disability Leave
- Retaliation for reporting patient abuse
The FEHA also prohibits retaliation against any person for making any complaint of legal violations, for assisting another in making such a complaint or for opposing any illegal action in the workplace that would be a violation of the FEHA.
How Does Loss of Dignity Present Itself?
When your employer subjects you to unlawful treatment, the emotional and mental toll is immense. And if that treatment extends to sexual harassment, unwanted physical contact, or a hostile work environment, your very safety and self-worth is taken away from you.
Complicating the matter is that everyone’s dignity is different. As such, it can be difficult to recognize how a loss of dignity can present itself. Generally speaking, loss of dignity involves the following:
- Loss of self-determination
- Feeling hopeless and worthless
- Struggling with personal relationships outside of work
- Strong sense of disconnection and alienation
Again, everyone’s dignity is different. Moreover, people value their personal dignity in different ways, so what one person may consider to be a violation and loss of dignity may not apply to you or your situation.
How Can Our California Employment Lawyers Help You?
Potentially the most important thing our team of compassionate and knowledgeable employment lawyers can do for you is to provide you with the support and validation you need to stand up for your rights.
Every employer has a legal obligation to make your work environment a safe one, and to uphold your rights that allow you to perform the essential duties of your job. While you or any other California employee can bring a claim for damages under California law, there is a set procedure in place for actually getting this compensation.
California Legal Process
There are two crucial elements for determining the viability of your case for damages:
- Establishing protection under the law
- Your employer taking actions that break the law
From there, your case rests on the evidence you have. Part of our top-rated legal services includes helping you gather any important evidence you have of your employers unlawful conduct or activity, which usually includes documentation like:
- Emails
- Text messages
- Recordings
- Written reports
- Disciplinary forms
- Performance reviews
This evidence will establish two things: first that the discriminaton or harassment took place and second that your employer was aware of the treatment and chose to do nothing. Additionally, any evidence of retaliation should also be documented. This typically includes:
- Changes in your work schedule,
- Discrepancies or decreases in your pay.
- Shifting of your job duties to show that the employer was punishing them for their complaints.
With all of these pieces in place, our team can move forward with officially initiating your claim for damages by filing your complaint.
Filing a Complaint
The major hurdle that needs to be cleared prior to filing your complaint is filing within your claim’s statute of limitations. The statute of limitations is the legally mandated time frame in which you can file your lawsuit. In California, loss of dignity damages are likely to arise from a wrongful termination claim, in which the statute of limitations is two years from the date of the unlawful action began.
Patience is among the most important qualities necessary for a lawsuit. This is because the litigation phase of your case can drag out for months and even years, although the vast majority of cases resolve sooner. The reason litigation takes so long is because of the “discovery” process.
In discovery, both sides formally request information and documents through:
- Interrogatories, which are formal questions that must be answered.
- Production of documents
- Testimony in depositions
- Subpoenaing records and other documents to be used as evidence at trial
Every case progresses at different speeds, but in general your case will near resolution at mediation, via a settlement offer, or will go all the way to trial in front of a jury.
In terms of damages, the amount you would be able to recover depends on the circumstances and facts of your case, along with any evidence uncovered during discovery. Once at trial, the final amount of your damages will be determined by the jury alone.
Compassionate Representation From Dedicated California Employment Lawyers
When you lose your job, not only do you lose income, you lose your sense of purpose. Worse yet, when you experience discrimination, harassment, or some other violation in the workplace and lose your job on top of all that, you can lose your self worth and dignity.
At Maison Law, we will not stand for such violations of your dignity. Our team of compassionate and dedicated California employment lawyers know how to hold your employer accountable by allowing you to recover compensation for your loss of dignity. To learn more about our process and how we can help you, contact us for a free initial consultation.
