Sexual harassment in the workplace is one of the top reasons why many employees decide to change jobs. It is known to turn the office environment into something so hostile, toxic, unpleasant, and unbearable that many people prefer to leave than continue to put up with it. If you have made such a decision, it is essential to consult an experienced sexual harassment attorney about securing your severance payment.
Workplace sexual harassment
Being subjected to unwanted sexually offensive comments and actions in the workplace can constitute sexual harassment. It can include lewd remarks, pornographic messages, inappropriate touching, persistent requests for dates, demanding sexual favors, sexual assault and battery, and other objectionable behaviors. In the quid pro quo type of sexual harassment, an authority figure may expect sexual favors in return for granting you a good performance review, a promotion, or a salary hike.
Depending on the degree of harassment you encounter, it can negatively affect your morale and work productivity. You may experience anger at such vile treatment and anxiety at the possibility of being demoted or losing your job. It may impact your personal and family relationships and make you feel like you have nowhere to turn. You do, however, have specific legal rights under the federal and state employment laws, and exercising these rights might make a considerable difference to your situation.
Understanding your legal rights
According to U.S. federal and California state laws, sexual harassment in the workplace is illegal, and your employer can be held strictly accountable for not taking steps to end it. As an employee, you have every right to a safe work environment, and you can report the sexual harassment incident to your manager, the company’s human resources department, and the Equal Employment Opportunity Commission (EEOC).
If these actions fail to remedy the situation, you can hire a sexual harassment attorney to either mediate or file a legal case on your behalf. They will make sure that the justice system upholds your legal rights and that you receive appropriate compensation for the emotional distress you have suffered.
How a sexual harassment attorney can secure severance payment
Many attorneys offer a free initial consultation in which they will discuss your case with you and let you know about the legal recourse available to you. If they decide to take the case, they will do the following:
• Get detailed information about sexual harassment in the workplace. An experienced sexual harassment attorney understands how challenging and unpleasant it can be to relive the details of the harassment, and they will be empathetic.
• Explain the legal process and update you about every aspect of your case.
• Gather evidence of sexual harassment. It can be in the form of emails, voice mail, video conversations, text messages, notes, images, photographs, CCTV footage, witness statements, and more.
• Confront the harasser or your employer about the sexual harassment. Oftentimes, employers do not take sexual harassment complaints seriously until an attorney steps up on behalf of the victim.
• Mediate with your employer for an appropriate settlement.
• Uphold your rights in court if mediation is not possible.
If you decide to terminate your employment and have an employment contract with your employer, you will generally be entitled to severance payment. The sexual harassment attorney will help you to negotiate favorable severance benefits and terms. Additionally, they will ensure that the agreement will protect your reputation and career future. They will draft the severance payment agreement with provisions that will enable you to:
• Receive severance pay or deferred income payment
• Receive insurance benefits
• Get positive references for future jobs
• Exercise your stock options
• Get capital to start your new venture
You can also make it a condition in the agreement that the employer has to implement mandatory training programs in the company to prevent future cases of sexual harassment.
Some employers may agree to give you a good severance package in return for forgoing any future legal action against it. You and your attorney will need to consider if that will be to your advantage or if you will benefit more financially and legally from filing a sexual harassment lawsuit against your employer.
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