How Do I Choose the Right Attorney for a Workplace Harassment Claim?

Choosing the right attorney for your workplace harassment claim is essential to ensure your rights are protected. Whether you’re directly employed by the company or working through a temp agency or contractor arrangement, an experienced attorney can make all the difference. Here’s how to navigate the process and understand your rights:

Understanding Workplace Harassment

Workplace harassment is unlawful when it is based on a protected class, such as sex, gender, race, disability, or another legally protected characteristic. For example, conduct like making offensive comments about someone’s race or gender, or retaliating after learning about a disability, can constitute unlawful harassment. However, general mistreatment, like yelling or rudeness not tied to a protected class, might not meet the threshold for a legal claim.

Joint Employer Liability

If you’re a temp or contract worker, both the staffing agency and the company where you’re assigned may share responsibility for the harassment.

Harassment by a non-employee, such as a customer, also places a duty on your employer to act.

California law ensures that liability isn’t limited to just the entity on your paycheck.

Employer Liability for Harassment

• Supervisor Harassment: Employers are strictly liable for harassment by supervisors, regardless of whether they knew about it.

• Co-Worker Harassment: Employers may also be liable for harassment by co-workers if they knew or should have known about the behavior and failed to act.

• Third-Party Harassment: Even if harassment comes from a non-employee, such as a vendor or customer, the employer must take steps to prevent and address it.

Finding the Right Attorney

Look for an attorney with expertise in California employment law and workplace harassment cases. A qualified attorney will:

• Evaluate whether the conduct you’ve experienced is unlawful.

• Help determine liability, particularly in complex employment arrangements.

• Honestly assess the strength of your case and potential outcomes.

If you’ve experienced harassment at work, it’s critical to choose a firm with the resources and knowledge to advocate for you effectively.

What Damages Are Available in a Workplace Harassment Claim?

Victims of workplace harassment may be entitled to several types of damages, depending on the circumstances:

1. Emotional Distress Damages:
   Harassment often causes significant emotional harm, such as anxiety, depression, or sleep disturbances. Compensation for emotional stress is a key part of many harassment claims.

2. Economic Damages:

   • Lost Wages: If harassment led to job loss or a reduction in earnings, you may recover lost income and benefits.

   • Future Earnings: Compensation for the wage gap between your old job and new job, or time spent unemployed, is often included.

3. Punitive Damages:
   Punitive damages are awarded to punish the employer for egregious misconduct and deter future violations.

4. Attorneys’ Fees and Costs:
   Successful claimants can recover legal fees and costs, ensuring you don’t bear the financial burden of pursuing justice.

Our California Sexual Harassment Attorney Can Help You Today!

If you’re facing workplace harassment, whether by a supervisor, co-worker, or third party, you have rights under California law. We can guide you through the process of identifying liability, pursuing damages, and holding employers accountable.

Contact us today for a free consultation to discuss your case and determine your next steps.