No matter where you work, stress and anxiety are usually part of the job. Sadly, some of those stresses are exacerbated when employers, fellow employees, or contractors treat you as a sexual object rather than the person you are. You may not know where to turn when dealing with issues of sexual harassment. If you’re facing such a situation, a Folsom sexual harassment lawyer can help you find restitution for the trauma you’ve been through.
At the Law Office of Jeffrey D. Fulton, we aim to help victims get the compensation they deserve after being a victim of sexual harassment. We understand the challenges of entering the workplace feeling anxious about potentially uncomfortable situations — situations that may even put your livelihood at risk. No one should endure this kind of stress, and our team can ensure you are treated with respect throughout every phase of a sexual harassment claim.
At the Law Office of Jeffrey D. Fulton, we focus exclusively on employment law. We don’t aim to cover a little bit of everything. Instead, we want to put all our focus on making sure employees get the help they deserve after dealing with a workplace issue. Whether you are dealing with discrimination, wrongful termination, wage violations, or sexual harassment, we can help.
Our founder and lead attorney, Jeffrey D. Fulton, created the firm with the idea of making sure we take care of our clients. We put a client’s needs first and try to treat every person we help as though they were the only client we have. Whether your case is big or small, we want to help you get the compensation and peace of mind you deserve after dealing with sexual harassment.
Sexual harassment is often more subtle than other crimes, and it can be hard to see at times to an untrained eye. We have a list of some of the most common forms of sexual harassment to help you identify the signs of sexual harassment if it is happening to you or a coworker. Some of the forms sexual harassment takes are:
It’s important to remember that sexual harassment does not discriminate based on sex, gender, or sexual orientation. California law recognizes sexual harassment no matter who is doing the harassment and who the victim is.
Another important thing to note is that sexual harassment can happen to any employee, no matter their work situation. While it may seem like something that can’t happen, remote workers face the risk of sexual harassment in different ways than on-site employees. Knowing what to look for and the signs of sexual harassment can help you recognize it when it happens and report the incident to the proper channels.
Sexual harassment victims commonly report one of their biggest fears about filing a complaint and speaking up about sexual misconduct is that they fear retaliation from their employer. This retaliation may come in the form of a firing, demotion, or creating a hostile environment in the hopes the employee quits.
It’s an unfortunate reality that many victims find themselves facing the threat of retaliation after reporting sexual harassment. California law prohibits employers from retaliating against their employees for speaking out. Despite this, we still see our fair share of clients come in and complain about retaliation after speaking up about harassment.
It’s difficult to prove retaliation at times because your employer can use some of the classic excuses to try and say they didn’t retaliate against you. You’ll likely want to speak with a Folsom attorney about the matter and see if you have a case against your employer.
The most important thing to do after you are the victim of sexual harassment is to stay calm. You’ll likely be feeling a mixture of emotions ranging from anger to fear and anxiety. Staying calm can help you navigate the difficult times ahead as you work to get help for the sexual harassment you went through.
The first step is to speak with the harasser if you feel comfortable. You can explain how the sexual harassment made you feel and tell the harasser to cease the behavior. This may solve your issue without much effort, but you should only take this path if you feel comfortable confronting the harasser.
If a conversation won’t fix the problem, you should file a formal complaint with your superior or the human resources department. If your direct superior was the person who committed the sexual harassment, do not go to them to file a report. Speak with someone you trust. Make sure the person you speak with files a formal report and you get a copy of it for your records.
You should then begin to gather any evidence you can of the harassment. Track down any written evidence of the actions, such as incriminating texts or emails. You may also want to speak with some of your coworkers who may have witnessed the harassment or experienced some of their own. If they can corroborate your story, it can give you a stronger claim.
Once you’ve gathered up any evidence you can, you’ll need to file a formal report with the Department of Fair Employment and Housing and the Equal Employment Opportunity Commission. You cannot file a claim against your employer or a coworker until you make these official complaints.
Finally, you will want to hire the services of an experienced Folsom sexual harassment attorney to help guide you through the rest of the process. You’ll be looking at negotiations with the company over a settlement and the potential for a trial. Your attorney can handle these aspects of the case so that you can focus on mentally recovering from the incident and attempting to move on with your life.
A statute of limitations exists to keep old cases from clogging up the courts. Courts already have plenty of cases on the docket every month, so these laws seek to keep courts from getting even more bogged down.
In California, the statute of limitations used to be one year for sexual harassment cases. Many political commentators felt this number was too low. This led Governor Gavin Newsom to make a change at the beginning of 2020.
Starting in 2020, all sexual harassment cases have a statute of limitations of three years instead of one. Victims of sexual harassment can file a claim up to three years after the incident took place. While three years sounds like plenty of time, it is shorter than most people realize. You’ll have to summon the courage to speak up about the infraction and also deal with the fallout from being harassed.
When negotiating a settlement with your company or arguing in civil court, you’ll have to consider several possibilities for compensation for the sexual harassment you suffered. Your attorney can give you a better idea of what kind of compensation to expect based on the case and precedent, but we have a few key points you can look at when considering a fair settlement.
One of the most common forms of restitution in these cases is payback for any lost wages you might have incurred as a result of the sexual harassment. If you had to miss work because of dealing with the crime, the perpetrator or the company would likely have to pay those wages back to make things right.
Lost wages also pertain to missing out on potential opportunities, raises, or promotions because of sexual harassment. Perhaps you were in line for a raise, but your boss passed on you when you refused their sexual advances. This scenario would be grounds for restitution for lost wages.
Some victims end up losing their jobs because of sexual harassment and discrimination. You can often try negotiating a return to your occupation when working on a settlement with the other party. You can also use this as justification for a wrongful termination claim.
If you need help paying your legal fees, you may be able to negotiate for your employer to pay for any debts you incurred by hiring representation as part of your settlement. Some judges also order the business to provide mandatory sexual harassment training to help avoid future incidents.
While the law allows anyone to represent themselves in civil or criminal court, this isn’t an advisable position to put yourself in. You may be going up against highly-trained lawyers who know all the technicalities and ways to trip up laypeople unfamiliar with the law.
You may receive an offer that isn’t all you should be getting for your suffering, or you may find yourself out of your depth when arguing for yourself in court. This is why you need an experienced Folsom sexual harassment attorney in your corner.
Your attorney can provide you with both empathy and compassion as you deal with the fallout from sexual harassment, as well as seek to give you an objective view of your situation. Your lawyer can be honest about your case and what you stand to gain in a legal battle.
Your lawyer will also likely have plenty of experience dealing with sexual harassment cases and can use this knowledge to your benefit. They’ll know what a fair offer looks like and how to navigate the legal system so that it works for you.
Few things are as stressful in one’s life as dealing with sexual harassment at work. If you’re experiencing sexual harassment, you need help to ask for help. A Folsom sexual harassment attorney can walk you through the process and get you the restitution you deserve.
At the Law Office of Jeffrey D. Fulton, we strive to treat each client with respect and empathy and treat their case as our top priority. Contact us today to discuss your case and see how we can help you.
Learn more about what the Law Office of Jeffrey D. Fulton can offer our clients by scheduling your free case evaluation today. Get in touch with us by filling out our online contact form.
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