Lost Wages Due To Sexual Harassment

Intro:

In California, when workplace sexual harassment is so pervasive or severe that you have to leave your job, you are entitled to past and future lost wages. The following questions and answers explain your rights and the compensation you’re entitled to.

1. Can I Recover Lost Wages If I Leave A Job Due To Sexual Harassment In San Bernardino County?

Yes, if you leave a job in California due to sexual harassment, you may be eligible for recovery of lost wages if the court determines:

• A hostile work environment caused your departure
• Your departure was a “constructive discharge,” meaning that the departure was involuntary and a reasonable person in your situation would have felt compelled to resign under the circumstances

You may also be entitled to back pay from the date of your resignation if the harassment was severe and your employer failed to act after you reported the incident(s).

Lost wages can include missed income, lost benefits, and sometimes front pay (projected future earnings if you cannot return to work). Your ability to collect lost wages depends upon the strength of your case, so it’s essential that you carefully document all incidents of harassment and notify your employer in writing before you leave your job.

2. How Do California Courts Calculate Lost Income In A Sexual Harassment Lawsuit?

In California, the calculation for lost income in a sexual harassment lawsuit is the difference between what you would have earned if the harassment had not occurred and what you actually earned afterward.

The calculation takes into account:

• Back pay – wages lost from the date of the harassment or termination up to the trial or settlement
• Front pay – projected future earnings if returning to work is not feasible
• Lost benefits – such as health insurance, bonuses, and retirement contributions
• Missed promotions or job opportunities

3. What Proof Do I Need To Claim Lost Wages Due To Workplace Harassment In San Bernardino County?

Claiming lost wages in a harassment case requires you to prove (1) that the harassment occurred and (2) that the harassment was the proximate cause of your financial losses.

Emails, text messages, audio or video recordings, internal complaints, HR reports, or witness statements are all suitable evidence for verifying the harassment and establishing the grounds for claiming lost wages. Medical records or therapist notes may support claims that the harassment affected your ability to work.

For calculating lost wages, you should provide documentation of your income before and after the incident, such as pay stubs, W-2s or tax returns. To support your wage loss claim, you should gather evidence showing your attempts to find comparable work, such as job applications or interview records.

4. Can Emotional Trauma From Harassment Justify Compensation For Lost Earnings In San Bernardino County?

If you can demonstrate that workplace harassment caused emotional trauma that affected your ability to perform your job or caused you to cease working, you may be entitled to lost earnings.

Past and future lost earnings in California due to emotional distress include compensation for reduced hours, job loss, or the inability to work in your field. To receive these damages, you’ll need to provide evidence in the form of medical or psychological documentation specifically stating that the harassment impacted your emotional health.

Testimony from a mental health professional and records of treatment are helpful to prove that your trauma directly interfered with your employment.

Call To Action (CTA):

Sexual harassment at work is painful and frightening to endure. Sometimes, the atmosphere it creates is so hostile that you can’t stay at your job.

If severe or pervasive workplace sexual harassment has forced you to resign from your job, you deserve to be compensated. Depending on the circumstances, you may be entitled to compensation for lost pay, including back wages, front wages, lost benefits and lost job opportunities.

To learn more about what you’re entitled to, contact the Hannemann Law Firm today for a free case evaluation at (909) 980-7878.