Sexual harassment can be considered a
serious crime and is also grounds for termination as per the policies of most
corporate offices in New York. If you find yourself in a predicament where a
coworker is constantly harassing you and you are unsure of how to handle the
situation, rest assured that you are not alone and that many employees suffer
such harassment alone.
However, you do not need to take this
kind of treatment from anybody and we urge that you consult with a sexual
harassment lawyer in New York in order to determine the best course of action
in your case.
A
Common Scenario
You have two meetings tomorrow. You have
walk in customers that you have deal with. You may have to cover another part
of the showroom floor if someone does not show up. You may have to miss your
son’s Little League game since you may not be able to leave in time. You have
enough on your plate. Your car may have to be oiled, you are not sure and you
do not have time to go out and by a lunch and what you brought with you may not
be enough sustenance to get you through the day. And you have to deal with
co-employee who cannot keep their mouth shut!
Ideally speaking, all companies have
policies to deal with sexual harassment complaints. Therefore, you should be
able to report the harassment to human resources and then it is the
responsibility of the company to either themselves execute a probe into the
matter or hire a law firm/sexual harassment attorney to complete an
investigation, following which the company should take disciplinary action
accordingly. However, this is not what happens in most cases of sexual
harassment in the work place.
Often times, the victim is a subordinate and
the harasser a superior and also, the harasser will often threaten to terminate
the person being harassed if he or she raises the alarm bells. Even in such
cases, Queens, NY sexual harassment lawyers suggest that victims ought to seek
legal counsel as soon as possible. A legal professional will be able to not
only provide you a strategic way to handle the situation but will also prove to
be a pillar of emotional support when you need it most.
In cases where the company or the
employer fails to follow up on a complaint or report of sexual harassment, not
only can you go ahead and file a lawsuit against the harasser but you can also name
your employer as a defendant in the sexual harassment lawsuit and
have them pay up for the damages inflicted upon you due to their negligence.
What
are the damages you can claim in a sexual harassment case?
Sexual harassment lawsuits can seek
economic, non-economic, and punitive damages according to Queens, NY sexual
harassment attorneys.
Economic damages are compensatory
damages awarded to victims to compensate for quantifiable economic losses and
these have to be supported by bills and other documentation. Examples of
economic damages in a sexual harassment claim include loss of past and future
wages and medical bills (for psychotherapy, to name a few).
Non-economic damages are awarded to
victims to compensate for damages that one cannot really put a price tag on. In
many states there are caps or limitations on how much money you can win as non-economic
damages. Examples of economic damage
include mental anguish and distress. What Lt. Maria LaGuerta in Dexter was
doing to Dexter in season one and/or two may not qualify but he certainly could
have made a complaint about her if she persisted on making sexual insinuations
to him. He could have asked her to stop but he did not as Lt. LaGuerta realized
Dexter did not reciprocate that feeling.
Then about four years after this she
realizes that Dexter may be the Bay Harbor Butcher but that is another story.
Punitive damages are awarded not to
compensate the victim for any loss or suffering but instead to further punish
the perpetrator for their doings. OJ Simpson knows all about that!
Many victims of sexual harassment fail to speak
out and are unaware of their rights. If you find yourself in such a situation
all you need is to speak with a sexual harassment lawyer in Queens, New York to
discuss your rights. Remember, your employer has no right to retaliate against
you if you file a sexual harassment complaint.
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