Feeling safe at work should be a given. However, when sexual harassment happens, it can make you feel powerless and scared to do your job. At Omega Law Group Accident & Injury Attorneys, our San Jose sexual harassment lawyers will fight to hold harassers accountable.
Our San Jose employment lawyers are here to help. We’ll build a strategic case tailored to your specific circumstances. Contact us today for a free consultation. You’ll see why our motto is “Putting our clients first. Always!”
What Protections Do You Have Against Sexual Harassment as an Employee in San Jose?
California laws, such as the Fair Employment and Housing Act, protect employees against harassment. The state regulations define sexual harassment as unwanted sexual advances or anything sexual in nature that includes visual, audio, or physical conduct.
All harassers may be held liable for the negative consequences of their actions. Additionally, if it can be proven that an employer did not do enough to stop or prevent the harassment, then they may also be liable.
In some cases, if a client or customer has harassed you, your employer may still be liable if they failed to take action to protect you.
What Compensation Can Be Recovered in San Jose Sexual Harassment Cases?
Facing sexual harassment at the workplace may mean that you miss work, face emotional and financial stress, and, in some cases, may even leave your job altogether. With a sexual harassment case, you may be eligible to recover compensation for:
- Lost wages: If you missed work or were wrongfully terminated, you may be entitled to repayment of that income.
- Lost benefits: If you used PTO or sick leave while being harassed, such as to avoid your harasser, then you may be able to recover these as they are another form of wages.
- Future earnings: If you left your job or your career suffered due to the harassment, then you can recover compensation for it.
- Emotional distress: Harassment can cause anxiety, depression, and other forms of emotional distress. While not directly financial in nature, you can be compensated for these mental health effects.
Our sexual harassment lawyers in San Jose will advocate for fair compensation.
How Can a Sexual Harassment Attorney in San Jose Help With Your Case?
Having our legal team on your side means having dedicated advocacy and support throughout the legal process. We’ll listen to your story and your concerns, building a case strategy that is personalized to you.
We can:
- Conduct a thorough investigation.
- Gather evidence to build your case.
- File a formal complaint on your behalf.
- Negotiate for a fair settlement.
- Represent you in court, if necessary.
During the legal process, we’re dedicated to ensuring you feel comfortable and confident. We’ll answer any questions you have, and keep you updated at every step of the process.
Important Deadlines for Your Case
We will also ensure your case moves forward as quickly as possible. What is the statute of limitations for an employment lawsuit? Typically, for harassment or retaliation cases, there is a deadline of three years to file a complaint with the California Civil Rights Department (CRD).
However, this can vary depending on the circumstances of your case. We’ll talk through the expected timeline and your legal options with you.
What Evidence Can Be Helpful for Your Case?
Building a successful sexual harassment case involves a careful investigation into the events. Your attorney will gather evidence that proves the harassment occurred and whether your employer knew about it or should have stopped it.
Some examples of sexual harassment include:
- An employer is pressuring you to go on a date with them and threatens to demote you if you say no.
- A fellow employee sends you a sexually offensive email at work.
- Employees repeatedly use vulgar language around you, even after you’ve asked them to stop.
- A client or customer repeatedly makes sexual comments to you, and your employer does nothing.
Helpful evidence to prove the harassment can include the following:
- Emails or text messages
- Witness accounts, such as testimony from another employee who saw the harassing behavior
- Emails or text messages that you’ve sent to your employer telling them about the harassment.
- Other formal complaints that you’ve made to HR or your supervisors.
What Should You Do If You’ve Been Sexually Harassed at Work?
Remember that harassment is never your fault. If you believe you are in physical danger, report the actions to the police or call 911.
Taking actions early on or after the harassment has occurred can help with your case. These actions include:
Document the Harassment
Keep text messages and emails that contain any harassment. Additionally, keep any correspondence where you tell others about the behavior. If you are being harassed on work-based messaging channels, such as Teams or Slack, screenshot the exchanges in case any messages get deleted.
Keep your own notes on any verbal or physical exchanges. Write down when it happened, where it happened, and what happened. Include what was said to the best of your memory.
Communicate
Tell the harasser to stop. It is best to do this in writing, via text or email, so that you have proof. Additionally, formally report the behavior to Human Resources and/or your immediate supervisor.
Contact an Employment Attorney
The sooner you get legal counsel, the faster you can have your legal rights protected. Your legal counsel will help you understand your rights and help you take action.
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Contact Omeg Law Group Today
You should never feel unsafe or emotionally distressed at your workplace. The legal team at Omega Law Group is here to help you take back control of your life. Our sexual harassment attorneys in San Jose will fight for the compensation you deserve.
Contact our office today to schedule a free initial consultation. Our attorneys offer compassionate legal services.
