Harassment Lawsuits in the Workplace

harassment lawyer

A harassment lawsuit is an official complaint filed by an individual against another individual, company, organization or government agency over what was considered to be personally offensive conduct. Harassment can consist of anything from repeated touching or harassing physical gestures. The extent of the harassment suffered can be tremendous and many times it will lead to legal action being taken. A harassment lawyer is the best person to protect your rights and seek damages for you.

 

filing a sexual harassment lawsuit

The severity of the harassment endured can vary widely. The most common settlement for a harassment lawsuit is usually quite low. However, if you intend to file a sexual harassment lawsuit, you must first consult with a sexual harassment attorney who can help you calculate and determine the amount of the settlement or monetary award you should receive for the harm you have sustained. The amount of the settlement is predicated on the gravity of the harassment suffered. The more severe the harassment, the less likely you are to receive any monetary award.

legal claim

Once you file a legal claim for harassment, you must also consult an investigator to investigate whether or not your employment situation is appropriate for a formal complaint. The investigator will review your company’s practices for dealing with complaints, interviewing employees, and determining whether there is a likelihood that a legal claim will be successful. If the investigations conclude that the harassment did occur, the investigator will assist you in preparing a written complaint, which you must send to your employer within 30 days. The investigator will also assist you in collecting any pieces of evidence and documents necessary to support your complaint.

 

statement outlining

If the employer cannot be convinced that they have a valid reason for denying your complaint, then you may proceed to pursue a harassment lawsuit against them. The next step is to write and file a complaint against the employer in a U.S. court. This complaint will include a factual statement outlining the facts of your case, the names, and addresses of the individuals who initially complained about the harassment, a copy of the police report, or other documents that can be required to support your complaint. In many instances, the first few paragraphs of the complaint will be worded to explain in easy-to-understand language what the nature of your complaint is and the investigation results. This factual statement is very important because it will determine how successful you will be in obtaining a judgment in your favor. For example, if you state in your complaint that your supervisor subjected you to repeated sexual advances and comments, and yet your supervisor denied knowing anything about this conduct, then the complaint is likely to fail.

 

guilty of retaliatory actions

After preparing and filing your complaint in a U.S. court, your next step will be to determine whether or not your employer has a legitimate reason for denying your claim. For instance, if you are working as a telemarketer and your employer refuses to let you use your office phone to make personal calls or keeps you on the phone for long periods of time to answer questions about your job duties, then your employer may be guilty of retaliatory actions. This is just one example of how an employer can take advantage of you. If, on the other hand, your employer reasonably believes that you suffered an unfair employment practice, then your lawsuit is likely to succeed.

 

Employment Litigation Department (ELD)

If you are being harassed at your workplace, and if you have established a legal liability for the conduct, the next step you will want to take is to take your case to the Employment Litigation Department (ELD). The Employment Litigation Department (ELD) will provide you with a list of attorneys who practice in the area of your employment. Once you choose an attorney, you will see a question such as:

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