Best Workplace Physical Harassment Lawyer in California

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Protecting Workers from Workplace Violence and Physical Harassment in California

Have you been physically harassed or assaulted at work? Physical harassment in the workplace is a serious violation of your civil rights that can leave emotional and physical scars. Our employment litigation team takes legal action against individuals who engage in threatening, aggressive, or harmful physical conduct and the employers who allow it to happen.

We understand the fear and stress that you feel when dealing with physical harassment at work. Our goal is to protect your safety, fight for your rights, and pursue the strongest possible settlement for your case. The experienced workplace harassment lawyers at Stalwart Law can help you determine if you have a valid legal claim against your perpetrator. If you do have a case, we can help you prepare the necessary documents to win the compensation you deserve.

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What is Physical harassment in the workplace?

Under California law, physical harassment in the workplace refers to any unwelcome physical contact or behavior that creates a hostile, intimidating, or offensive environment for an individual. It involves the use of physical force, aggression, or contact without consent, with the intention to demean, harm, or intimidate the victim. Physical harassment can take various forms and is considered a serious violation of workplace rights and personal boundaries.

This type of workplace harassment is characterized by direct bodily contact or threatening physical actions that go beyond verbal or written abuse, creating an atmosphere of fear or aggression in your work environment. It’s important to note that physical harassment and workplace violence can occur between coworkers, between an employee and a supervisor, or even between employees and non-employees (such as clients or customers). Regardless of the source, physical harassment is prohibited in the workplace under both federal and state laws, including the Civil Rights Act of 1964 and state-specific anti-harassment laws.

Below are some common examples of what physical harassment might look like in the workplace. Employers have a legal responsibility to prevent and address physical harassment in the workplace. They should establish clear policies against physical harassment, provide training to employees, promptly investigate and address any reported incidents like the ones below, and take appropriate disciplinary actions against perpetrators.

Unwanted Touching: This includes intentional touching, grabbing, groping, or brushing against someone’s body without their consent.

Assault: Physical assault involves intentionally causing physical harm or injury to another person. It can include acts such as hitting, slapping, punching, kicking, or pushing someone.

Blocking or cornering: This occurs when someone physically blocks or restricts the movement of another person, preventing them from leaving a space or making them feel trapped or unsafe.

Throwing objects: Throwing objects at someone, whether it’s intended to cause harm or not, is a form of physical harassment. It creates a hostile or unsafe environment for the victim.

Forced or coerced physical contact: This involves pressuring or forcing someone to engage in physical contact or actions against their will, such as hugs, kisses, or any other form of intimate or non-consensual physical interaction.

Damaging personal belongings: Intentionally damaging or destroying someone’s personal belongings, whether it’s their workspace, equipment, or personal items, can be a form of physical harassment.

Physical intimidation or threats: Using physical presence, gestures, or threats to intimidate, frighten, or coerce someone is a form of physical harassment. This can include aggressive body language, invading personal space, or making explicit threats of physical harm.

This is not an exhaustive list, and if you don’t see the specific way you’re being mistreated in these examples, it is still possible that you have grounds for a claim. We encourage you to contact a reputable harassment lawyer if you believe you are experiencing physical harassment at work.

Under California law, behavior like the examples listed above must be severe or pervasive enough at work to become unlawful. However, even one severe incident can be enough to constitute unlawful behavior, and you don’t always have to wait until you’ve experienced repeated offenses to file a claim.

How to Report Workplace Violence and File a Lawsuit in California

If you have experienced workplace violence or physical harassment in California, it’s important to take appropriate steps to protect your rights and seek redress. Stalwart Law Group will help you file your claim and seek compensation through a workplace violence lawsuit if necessary.

Here is a general guide on how to file a claim for physical harassment in the workplace in the state of California:

1. Report the Incident Internally

Familiarize yourself with your company’s procedures regarding harassment and reporting incidents, if they exist. Notify your supervisor, HR department, or another designated contact as soon as possible. We can help you prepare a detailed written report that includes the date, time, location, and nature of the incident, as well as anyone involved.

2. Document the Incidents and Preserve Any Evidence

Save anything you have that could support your claim, such as photos, videos, damaged property, or medical records. We’ll ensure this evidence works in your favor.

3. File a Complaint with a Government Agency

If your employer does not adequately address the physical harassment or if you face retaliation for reporting, you can file a complaint with a government agency. In California, you can file a complaint with the California Civil Rights Department (CRD) or the federal Equal Employment Opportunity Commission (EEOC). Our attorneys handle these filings on your behalf to ensure all deadlines and procedural requirements are met.

4. Cooperate with Investigations

If your complaint is accepted, the appropriate agency will initiate an investigation into your allegations. Cooperate fully with the investigators, providing any additional evidence, information, or documentation they request. We will work with you closely during this time to make sure everything is filed and reported properly.

5. Partner with a Strong Workplace Harassment Attorney

If you decide to pursue legal action, your employment attorney will represent you in negotiations or a trial to recover compensation for your damages related to the physical harassment.

How We Can Help: Proving Workplace Physical Harassment in California

Proving physical harassment in the workplace can be challenging, but it’s not impossible. It requires presenting credible, well-organized evidence that clearly shows what happened, its impact on your life and work, and who was responsible. While this process can be intimidating, the attorneys at Stalwart Law handle much of the work for you and lead you in a way that ensures your case is strong.

Here are some of the key ways we help clients deliver evidence and prove workplace physical harassment:

Document Incidents

We will help you keep a detailed record of all incidents of physical harassment, including dates, times, locations, descriptions of what occurred, and any witnesses present. This includes photos of visible injuries or damages caused by the harassment. Documentation provides a crucial record of the incidents and strengthens your case.

Preserve Physical Evidence

An attorney can help you review and preserve any physical evidence related to the harassment, such as torn clothing, damaged personal belongings, or photographs of injuries. These tangible items can support your claims and provide concrete proof of the harassment.

Receive Medical Attention

If you have sustained physical injuries as a result of the harassment, we’ll help you seek medical attention and keep records of your medical examinations, treatments, and diagnoses. These records can serve as evidence of the physical harm you suffered.

Obtain Witness Testimonies

Witness testimonies add credibility to your claims and can corroborate your version of events. We coordinate these statements and prepare them for use in negotiations or a trial.

Gather Video or Photographic Evidence

Evidence like footage, photos, or videos from workplace security cameras or personal devices can provide undeniable evidence. We act quickly to request and secure these during the evidence-gathering phase and the discovery process.

Present a Clear Narrative

We help organize all of your evidence into a coherent, fact-based account that illustrates the severity, frequency, and impact of the harassment. Then, we’ll present this narrative on your behalf during negotiations or mediations with your employer, facilitated by the Civil Rights Department. Finally, if the case goes to trial, we will testify on your behalf with conviction before a judge and jury, doing everything in our power to secure a maximum settlement for your losses. Remember, proving physical harassment requires a combination of evidence, testimonies, and supporting documentation. Working with an experienced attorney like the employment law team at Stalwart Law is highly recommended, as they will help you navigate the legal process, assess the strength of your case, and advocate for your rights to seek justice for the physical harassment you have endured.

Schedule a Free Consultation with Our Team of Workplace Physical Harassment Lawyers

If you’ve been the victim of physical harassment at work, you don’t have to face it alone. The experienced attorneys at Stalwart Law Group are ready to protect your rights, hold perpetrators accountable, and fight for the compensation and relief you deserve. Contact us today for a free, confidential consultation and take the first step toward justice and a life free from harassment.