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!
No comments:
Post a Comment