Show me the money! That
is what our society is about as Cuba Gooding Jr. loudly screamed in the movie
Jerry McGuire while playing Rod Tidwell. Well, sexual harassment suits have a
value on them too.
Employees who are
subjected to unwelcome advances of sexual nature, offensive comments about
their gender, actions or innuendos which are sexual in nature are entitled to
compensation in a sexual harassment lawsuit. Sexual harassment lawyers explain
that your compensation will depend entirely on the kind of economic and
emotional harm you have suffered.
Financial compensation,
better known as damages, is provided for wage loss and emotional pain. Wage
loss compensation includes front pay and back pay. You usually suffer wage loss
due to an adverse employment action such as a demotion, reduction in working
hours, or termination.
Compensation for emotional pain is provided for pain and
suffering that you suffer due to persistent harassment. The third kind of
damages is punitive damages. This is awarded to punish an employer who has
retaliated against an employee after he/she reported the incident or failed to
protect his employees from harassment.
What is Back Pay?
According to sexual
harassment attorneys, when you are denied a promotion or a raise, or are fired from your
position or demoted, you can claim
back pay. Back pay comprises of wages, benefits, and compensation that were
denied during your tenure due to adverse employment actions. These damages are
calculated from the date on which the adverse employment decision was taken
until the time you reach a settlement or a jury award. The list of damages
included in back pay is:
- Wages and raises you were entitled to
- Benefits like health insurance, life insurance
- Tips, bonuses, and commissions
- Sick and vacation pay
- Pension and retirement benefits
- Profit sharing and stock options
What is Front Pay?
Front pay is applied
when a worker is forced to quit his or her employment or has been fired. Under
front pay laws the court may ask for the worker to be reinstated. Often however
it is not possible if the position is not vacant or if the relationship between
the worker and the employee is tarnished making the situation not conducive for
a return. You saw that in the show The Shield when Vic Mackey left his LAPD
position under some law enforcement secrecy cloud where he was immune from
punishment. He could not return to the LAPD despite him being the best police
officer in the force and the one most willing to get his hands dirty when the
going got tough.
If the latter is the
case, then you are provided with wages calculated from the judgment date until
a date in the future.
The court will decide
how far into the future you will be able to claim compensation according to
sexual harassment lawyers. The calculation depends on several factors.
- How long will it take for you to get a different employment?
- Your age?
- How long were employed by the previous employer?
- How long other workers who are employed in similar positions work for the company, public agency, or organization.
- You are expected under the federal laws to make a good faith pitch to get a job elsewhere to mitigate the damage.
Compensatory Damages
If you have suffered
emotional distress then you may be eligible to receive compensation for pain
and suffering. If your reputation has suffered harm or you have to pay several
out of pocket expenses for medical bills and while searching for a new job, you
could be entitled to compensatory damages.
Punitive Damages
The employer is liable
to pay punitive damages if the court decides that the management and the HR
department knew about the harassment but allowed it to continue without taking
any step/s to stop it. These type of damages usually ranges from $50,000 to
$300,000 depending on the number of employees the company has.
If you believe you are a victim of
sexual harassment or discrimination,
make sure to reach out to a sexual harassment lawyer as soon as possible. Being
sexually harassed or discriminated against can be devastating. Your legal
professional will be well versed with the latest amendments to labor,
employment, and sexual harassment law, and work your case accordingly.
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