When you’ve been the victim of harassment, it’s easy to doubt yourself. Despite the proof you’ve gathered, you might still be reluctant to move forward and take action.
As stated by Steven Rubin Law, in L.A., employers often ignore employee rights since they believe they won’t be held accountable. But how can you tell the difference between innocent jabs and illegal harassment? To begin, here are a few instances of what constitutes harassment:
- When the harassment is serious and frequent enough to generate a toxic work environment
- Your bosses push you to put up with it, creating an unpleasant work environment in the process
- A reasonable person would find the harassment to be unwanted and unpleasant
- When there is physical aggression or assault
In essence, you have the right to sue both your employer and the harasser for harassment. You have the right to sue your employer for a variety of reasons, including:
- Medical expenses
- Income squandered
- The effects of emotional distress on your mental health
- Any physical damage to your belongings or personal property
However, navigating the procedure may be difficult, and you will need legal advice to prepare for the next struggle.
How Do You Determine If You Have a Good Enough Case to Sue?
It is determined by the frequency and seriousness of the incidents. It also relies on whether you can establish the harassment occurred. Furthermore, depending on the gravity of the offense, harassment might be classified as a severe misdemeanor or a felony.
It is preferable to resolve your disagreement through the company’s grievance system or open-door policy or by contacting the Human Resources department. You can also negotiate a separation settlement. If all of that fails, talk with a lawyer who represents workers in workplace disputes.
How to Prepare for a Harassment Suit
When you’re not sure what to do next, here are some pointers on how to prepare for workplace discrimination or harassment case.
1. Submit a Harassment Report to Your Company’s Human Resources Department
Although it may be difficult, you must alert your employer of the harassing behavior before filing a harassment claim. Even if you believe your harassment accusations will be dismissed, you must first try to fix the problem internally. Filing a complaint is also a means to demonstrate that you informed your employer of the harassment.
2. Gather Proof
Collect any evidence you can. Begin gathering evidence as soon as possible and ensure that it is kept in a secure location.
Don’t delete any text messages that are related to your harassment, or spiteful voicemails. You may record your harasser in an open or shared workspace if everyone else is gone, in a public meeting, or in your own office.
However, it is best to first consult with a legal professional due to California’s strict privacy laws, such as the two-party-consent law.
If another co-worker also suffers from harassment, you might be able to team up in your testimonies. Finally, it is very important to write down a timeline of when, where, and what happened when you were harassed.
Be as thorough and detailed as possible, because if your harassment was persistent and repetitive, you will have a strong harassment claim.
3. Maintain Extensive Incident Notes/Documentation
Include information such as when the harassment occurs, what was said or done, any potential witnesses, and the losses you’ve experienced as a result of the harassment.
4. Seek Skilled Legal Counsel and Prepare Your Case
Seek legal assistance to assist you in navigating the process, ensuring that your case is sound, and developing strategies before pursuing legal action. Get the proper legal support on your side with a law firm in Los Angeles.
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