Monday, January 4, 2016

How to Fight a Successful Sexual Harassment Case

For the most part, there are two types of sexual harassment cases. Instances are not rare when an employer or a manager seeks sexual favors. They might also threaten to ruin your career if you ignore their advances and you risk your career being ruined if you make an accusation you cannot back up. This is known as quid pro quo sexual harassment. The second type is the constant unwelcome conduct by a supervisor which creates a hostile work environment to say the least.

According to Riverside, California sexual harassment lawyers, in quid pro quo harassment, the victim will have to prove that tangible employment action was clearly at stake. What is tangible employment action? A manager might expect you to participate in sexual acts in return for a job or a promotion.


Moreover he/she may threaten you with adverse career implications such as less increment or working hours, termination, or demotion if you do not respond to an invitation of a sexual nature. The plaintiff will have to provide the court evidence that such threats were clear and present, and in some cases even carried out as a vendetta.

In the case of hostile work environment the plaintiff must prove that there was persistent unwelcome conduct of a sexual in nature or in some instances directed towards the plaintiff’s gender, which created a hostile work environment in the office. For the most part, there must be some factual evidence that proves the supervisor’s conduct was malicious and you need a Southern California sexual harassment attorney to see this case through.

Documenting a sexual harassment claim

A legal representative will often ask you to supply him with documentation that can be admitted in the court of law as evidence. Evidence can be in the form of the plaintiff’s testimonial, legal recording, photographs, and any other related factors. The plaintiff must note specific dates and incidents in his/her diary and also attempt to speak with witnesses and record the findings.

Documenting incidents too are not difficult when you have a smart phone. You can record the harasser’s advance in the form of videos, phone call recordings and audio recordings. In addition, Riverside, CA sexual harassment lawyers know that lewd text messages, pictures, posters, and calendars can also prove to be vital evidence. Brett Favre and Anthony Weiner probably know about this!

The importance of witnesses

Witnesses are important but they are not necessary. Some lawyers may turn you away because there were no witnesses. It is true that witnesses go a long way to consolidate a case when wrongful suits are often filed by disgruntled employees hoping for a financially gain.

But it is also true that there are many genuine victims of sexual harassment who were not only terminated but did not also get any unemployment benefit. So there are both sides of the coin. A Riverside sexual harassment lawyer will be able to prosecute based on the merits of the case and gather enough evidence to counter the defense counsel’s claim that there is no proof due to the lack of witnesses.

Features that describe a strong harassment case

To begin with, the horrific nature of the case must be sufficient to make a case sound. If the circumstances of the incident shock you then it is likely to shock others as well. Secondly, in some cases there is something unusual about the event, the plaintiff, or the defendant. Finally, damages are usually granted due to loss of job. If a plaintiff has lost his or her job due to harassment but had found a better position and package just the very next day (this is unlikely in California since the job front there nothing pretty but this does not mean someone could not find another decent job in another state), the case for damage is naturally weakened even when though the actions were outrageous.

Each case is different and sexual harassment lawyers will judge each case separately. This means that the legal professionals may take a case even when the case does not appear sound after digging into the facts of the allegations.

You have every right to go to work and be able to focus on the job without some jerk mouthing off to you or two buddies staring at you when you walk by. If this is the case at your work, and your work seems to be OK with it, you need to go right here: http://sexual-harassment-lawyers.usattorneys.com/california. Use this digital tool to find yourself a legal representative with class and clout! 

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