Wednesday, October 7, 2020

9 Things You Need to Know Before Filing a Harassment Lawsuit

We are living in the 21st century, and unfortunately, the world is still not a safe place for certain genders and races. The discrimination based on gender, color, ethnicity, etc. is real, and no matter how beautifully one may sugarcoat the issues, it is still as ugly as it gets. 

The only hope is the women and minorities who are suppressed who keep fighting for their rights and keep making this world a little bit better one step at a time. It is the result of the struggle of women that now almost all the companies, big or small, have a clear and defined harassment policy, and they take such matters very seriously. 

However, there are still a lot of legal and technical amendments that need to be done in the USA to make the harassment and sexual abuse laws rock solid so that it becomes impossible for the culprit to get away with the law. But still, if you have been sexually harassed in your workplace or if you have faced any kind of harassment at your workplace by any of your colleagues, then you have to speak up against it. 

Understandably, it takes a lot of energy and courage to call out your harasser. It can take a severe toll on your mental health and can sometimes double the trauma. But, you need to understand that your silence is going to enable the harasser even more, and they’ll keep exploiting their position, and the number of their victims will keep rising. 

Don’t worry; you don’t have to fight alone. A good lawyer by your side will make it easy for you to go through the whole process. Above all, if you are choosing a lawyer who understands the intensity of the problem and keeps the issue close to their heart, then it means that you’ll have a constant support group by your side. So, hire a good lawyer like California Sexual Harassment Lawyer and break your silence and get the culprit behind the bars where they belong. 

If you have made your mind to file a sexual harassment lawsuit, then you must know some very important things before you actually began your fight. I’ve narrowed down some of the very important things that you need to know before you file a harassment lawsuit. 

Without any further ado, here they are:

Document Everything 

If you have been harassed at your workplace, then you must know that saying that someone harassed you is never going to be enough. You’ll be required to provide evidence of it. Now, absurd as it is, the truth is that you’ll be required to provide substantial evidence of being harassed. So, as soon as you feel that someone harassed you or made a move on you, which made you feel uncomfortable, lift your guard up. 

After that, put all your focus on collecting enough evidence that’ll back your claim in the court. For this, you may have to show extreme patience. I understand that it is heart-wrenching to see your abuser every day, but if you want to put them to a place where they actually belong, then you have to work on documenting the incident.

Read and Understand the Harassment Policy of Your Company 

If you have a harassment suit to file against the company you are working with, then it is very important that you read the harassment policy of your company and make sure that you are following all the SOP’s mentioned in the policy. It is very critical to comply with the company’s policy if you want to win your case in the court and want something more than just your abuser getting fired. 

If your company fails to investigate the case transparently and start to protect the abuser, then you can file a case both against the company and the particular individual. But again, for this, you’ll have to comply with the policy of the company.

Discuss With Your Attorney 

After you have made your mind to expose your abuser, it’s time to make sure that you hire an attorney who is not only good at their work but is also compassionate. Remember, your attorney is the only one who is going to be by your side throughout your struggle. Therefore, you have to be 100% honest with them. 

You’ll need to tell your attorney everything about the incident, and if you think you have some other information that can help your case, then you need to share it with them. Therefore, when you are out there searching for the attorney for your case, make sure that you hire a really good one because your win is going to depend on it.

 Prepared to be disbelieved

Believe it or not, but as soon as you come out and confront your abuser, it is more likely that you’ll be disbelieved. It is the most sickening part of the whole thing, but you have to stay strong. Most of these people who will be questioning your claim are rape and abuse apologists, and you really don’t have to care much about them.

You’ll be surprised to know that the chances are that even your friends and family may question you about your claims. It happens mostly when the abuser is extremely smart (which they mostly are) and has created an aura of an extremely honest and gentleman. But, don’t worry. Their avatar is not going to help them in the court. They’ll have to face the consequences of their heinous acts. 

You May Lose Your Job 

As much absurd and stupid it is, the reality is that you may end up losing your job even after you win your case. It mostly happens when your lawsuit involves the reputation of the company. In such cases, even after winning your case, you may have to leave the place because the environment is made toxic and extremely uncomfortable for you. 

So, you have to be prepared to lose your job in your journey of exposing your abuser. It is going to be a tough and hard decision, but at the same time, it is the right thing to do. Therefore, don’t sit in silence and bear more abuse just because there is a chance that you may end up losing your job.

Think Twice Before you take a Settlement 

When your case is finally in the court, then the real play begins. The other party will use all the tricks in the book to intimidate you in order to save their reputation. When all their tactics fail, they’ll come up with a settlement offer that is very enticing. It is exactly where you have to be extremely careful and make sure that you are doing the right thing.

It is understandable if you just want it all to end because you have lost all your energy in the process, but still, you need to think twice. Talk to your lawyer and ask them to show you a realistic picture of the case so that you can make the decision that is better for you. No matter what you opt to do, make sure that you are not hurting the cause.

Find and Team up with Other Victims 

More often than not, the abuser has a pattern of abuse. If you want to increase the chances of your win, then it is extremely important to find the other victims of the abuser and team up with them. If you can get them in the witness stand, then it means that you are already halfway through to get justice. 

Above all, this way, you’ll not be the only one getting justice. But, all the victims of the abuser will finally get closure and peace of mind. So, talk to your lawyer and see what you have to do to get the other victims to give a statement against the abuser.

You’ll be attacked both in and out of the court 

If you are filing a sexual harassment suit, then make no mistake that your abuser will play dirty. They may shoot below the belt blows and may counter accuse you of invalidating your claim. They may play the victim blaming card.

However, no matter what they do, you have to stand your ground and be prepared for the filth that they have in their mind. 

Don’t Give Up- You Got This 

This journey is going to be hard. You may end up losing all your energy and mental health and just want to give up. But, that’s where you need to tell yourself that this fight is bigger than you, and by investing yourself in your case, you are playing your part in making the world a better place.

So, don’t give up. You got this. The time is not far when both women and men will get the justice more swiftly, and they’ll not have to go through the trauma as their abuser will not be able to get away with their acts.

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