How Do I Know If I Have A Sexual Harassment Case?
In order to have a sexual harassment case, you must have endured unwanted harassing conduct that was severe or pervasive enough to have affected the terms and conditions of your employment, or been the victim of quid pro quo, meaning you were promised a job benefit in exchange for sexual activity, and it must be timely, that is, within the last year.
What Is My Sexual Harassment Case Worth?
Case values range depending on the nature of the harassment and the harm suffered, but in reality, the case value usually is determined by the employer’s response to the harassment. We typically get cases that involve someone who becomes fed up with a situation and finally decides to speak with a lawyer. The value of a case will also depend on how much time passed between the harassment itself and the report of the harassment. If you didn’t report it right away, what was your reason for waiting? Did you report it only once you received a bad review or a disciplinary write up? If so, then these are just a few of the questions that will be considered when determining the value and viability of a case. We generally do not get involved in cases that have low value, but this is something that can be further discussed once we know the details of your particular case.
What Will Happen To Me At Work When They Find Out About My Sexual Harassment Case?
When coworkers find out, they almost always begin taking sides. If management finds out, typically, there is some sort of official management response taken, and just as often, the response is illegal or inadequate. It is important, therefore, that as soon as the harassment takes place, that the person immediately contact us to help guide them through the process. In most cases, people come to us once someone at their place of employment has already found out about their sexual harassment case. At that point, many people are worried that they will get fired if they report it to the human resources department. If you find yourself in this situation, you need to contact a lawyer right away. Human Resources personnel are trained to minimize liability exposure to the company, so most times, the interview process is designed to destroy any chance of the person having any claim down the road. It is critical, to tell the truth at all times, no matter what. However, when HR people interview frightened victims of sexual harassment, these HR types know full well that getting the person to admit that the harassment “wasn’t that bad,” or “he was just joking,” or “maybe it was just innocent flirting, no big deal,” ends of destroying any chance of a successful case. It is important to be sure to tell exactly what happened and tell everything that happened, leaving nothing out. Saying the wrong thing to the Human Resources interviewer, such as leaving out details, getting dates wrong, trying to rush through the interview, these are all very critical mistakes and can be avoided by getting us on your side right away. Even if you do not immediately contact us or another lawyer, it is important that you explain everything to them once you do. All the things that happened, good and bad, it is very important to give an accurate picture at the beginning. At that point as well, you may be able to have your lawyer assist you in filing a complaint with the human resources department. If you can do the reporting to HR with the assistance of a lawyer, that is your best option to make sure you are not taken advantage of later on by very skilled defense attorneys who will use your own words and try to trip you up about your case.
What people don’t know, and almost cannot conceive of, is that once you report sexual harassment and the employer is now on notice of your claim, you will gain additional protections as an employee. This is because the law protects victims of perceived harassment, even if the harassment is not considered severe enough to have a standalone sexual harassment case. If an employer does anything to that person in response to the fact that they reported sexual harassment, then they would be subject to a lawsuit for retaliation. As soon as an employer finds out that a victim of sexual harassment has obtained a lawyer, that victim is like Superman; they cannot be touched by the employer, and if they are messed with, the case takes on even more value against the employer for the retaliation. Contrary to what most people think, this is what typically happens when someone reports an incident of sexual harassment in the workplace. The employer mobilizes and tries to figure out what to do about the claim. Once an employee has reported sexual harassment, the employer will usually attempt to gather coworkers in order to determine whose side they will take. In some cases, lawyers have directly asked coworkers whether they are on the victim’s side or the employer’s side. It is critical therefore to always engage a lawyer as soon as possible, even before reporting anything to Human Resources, but for sure as soon as can be done once the Human Resources people get involved.
What Do I Say To A Potential Employer If I Am Involved In A Sexual Harassment Case?
If you are involved in a sexual harassment case, you should never say anything that is untrue; always be honest. There is no exception, ever. Tell the truth at all times. It seems obvious, but it bears repeating: be sure to tell the whole truth to your lawyer because they will be unable to help you if you conceal or omit pertinent information. This is the same concept that applies to prospective employers; if you are seeking a new job after having experienced sexual harassment at your previous place of employment, it is important that you do not lie to prospective employers about why you are seeking a new job if it ever comes up and they ask you directly. With that said, there are certain questions that they cannot ask you on a job interview, such as those relating to your marital status and things like that. Whether a prospective employer can ask you about whether you have ever made a claim for sexual harassment is not such a simple answer, but the general answer is no they cannot condition your employment on you exercising your right to engage in protected activity, such as opposing or reporting sexual harassment. With that said, if you think that a prospective employer is going to ask you questions about sexual harassment, it is always best, to tell the truth. We always tell our clients to say that they left their former employer because they wanted a better opportunity; this is a true statement that doesn’t go into too much detail and it is a perfectly fair, reasonable and honest explanation.
For more information on your Sexual Harassment Case In California, A Free Case Evaluation is your next best step. Get the information and legal answers you’re seeking by calling (909) 833-8999 today.
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