DO YOU HAVE A SEXUAL HARASSMENT CASE? CALL US TODAY
If you’ve been subjected to sexual harassment at your place of work, you’re entitled to compensation. This harassment includes instances like unwelcome sexual advances, offensive comments, and actions of a sexual nature. The amount of compensation you’ll receive will depend on the individual type of harassment you suffered and the circumstances regarding your case.
Your employment attorney in Los Angeles will refer to this compensation as damages. There are many different types of damages that you can file your claim for. Some common ones include back pay and emotional upset. Other damages are set to punish your employer for not stopping the harassment. A skilled sexual harassment lawyer in Los Angeles will be able to tell you what types of damages you’ll be eligible to claim.
Back Pay
Your Los Angeles workplace harassment attorney will file for back pay when you were denied a promotion, raise, or were fired. Back pay is defined as your lost wages, benefits, and compensation. That is money you would’ve earned if the sexual harassment didn’t occur. Compensation for stock options, retirement, sick pay, vacation, and health insurance falls into this back pay category.
You can claim up to two years of back pay from the date you file your lawsuit under federal law. However, if your state allows for a longer period, you may obtain back pay for longer. A lawyer for sexual assault in the office can help you determine what your likely back pay reward will be for the state you live in.
You must realize that you must try to mitigate your financial loss. This means that you should’ve been actively looking for another job with a good faith effort. If you’re awarded back pay, it will be for the amount of lost wages minus what your new job pays. So, let’s say your new job pays $20,000 less per year than the job where you experienced sexual harassment. You can be awarded $20,000 per year in back pay because that’s the difference between what you used to make and what you’re currently making.
Front Pay
If your Los Angeles workplace attorney won your case, you might be entitled to reinstatement at your previous employer, which is common should you lose your job or quit due to sexual harassment. If this is the case, it’s likely impractical for you to go back to working for the employer due to a hostile work environment. You might be entitled to front pay.
Front pay is the future wages you will lose due to your inability to be reinstated. The amount of front pay that you can receive will depend on the time the judge decides you should receive compensation. Some factors that influence this time include:
- How long you were employed there
- How long employees in similar positions work for an employer
- How long it may take you to find a similar job
- How old you are
The whole point of front pay is to determine how long you would’ve stayed in your position if the sexual harassment didn’t happen and how long it will take you to find a similar job. Your Los Angeles sexual harassment lawyer can help you determine what a reasonable front pay amount may look like for your case. However, the jury will be the one that decides the ultimate front pay amount that you receive.
Punitive And Compensatory Damages
Your Los Angeles harassment at work attorney can file for compensatory or punitive damages. Compensatory damages are those for the emotional distress that you experienced due to the sexual harassment. It is commonly referred to as pain and suffering. These damages also cover any harm to your reputation and any out-of-pocket expenses that the harassment caused.
The court can award punitive damages as a way to punish the employer. These types of damages happen when an employer exercises particularly bad behavior towards you. Any employer who knew about the harassment but refused to take action can be liable for punitive damages.
The size of your compensatory and punitive damages is restricted by federal law. The size of your former employer will be the biggest determining factor in the amount that you receive. As of right now, federal law shows the following restrictions:
15-100 Employees – $50,000 Maximum
101-200 Employees – $100,000 Maximum
201-500 Employees – $200,000 Maximum
500 Employees – $300,000 Maximum
It’s important to note that state claim limits can be more or less. You’ll want to enlist the help of a sexual assault in the workplace lawyer to determine what laws govern your case. In most cases, state claims fall under state law limits, not federal ones.
Attorney Fees
The attorney that you use to fight your sexual harassment case will require payment upon winning. You can include their fees in your lawsuit so that your former employer must pay them. Your attorney will be required to give the court a statement of their reasonable fees regarding your case. This fee is then passed on to the guilty party during the final judgment of your case.
Sexual harassment cases are unique. What some may consider clear sexual harassment, others may not. It’s best to consult a lawyer regarding your case to ensure that you have the evidence you need to receive a fair judgment. When filing your claim, your lawyer will be able to assess your situation to determine what types of fees you can claim for damages.
The damages you’ll receive from your sexual harassment case will depend on what the jury ultimately decides. To get an idea, you can talk with your lawyer. They should give you a ballpark idea of the amount of money you can receive in damages for your sexual harassment case.