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 that you'll receive will highly depend on the individual type of harassment you suffered and the circumstances regarding your case.
Your employment attorney 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 Los Angeles will be able to tell you what types of damages you'll be eligible to claim.
Your Los Angeles work 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. This 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 individual state allows for a longer period, you may obtain back pay for longer. A sexual assault lawyer in the workplace can help you to determine what your likely back pay reward will be for the state that 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.
In the event that your Los Angeles workplace lawyer won your case, you may be entitled to reinstatement at your previous employer. This happens when you lost your job or had to quit due to sexual harassment. If this is the case, it's likely that it's impractical for you to actually go back to working for the employer due to a hostile work environment. In this case, you can be awarded front pay.
Front pay is the wages that you will lose going into the future due to your inability to be reinstated. The amount of front pay that you can receive will highly depend on the timeframe the judge decides you should receive compensation for. Some factors that influence this time include:
- How long you were employed there
- How long people 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 sexual harassment lawyer Los Angeles can help you to determine what a reasonable front pay amount may look like for your individual 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 work harassment attorney can file for compensatory or punitive damages. Compensatory damages are those for the emotional distress that you experienced due to the sexual harassment. This is commonly referred to as pain and suffering. This also covers any harm to your reputation and any out of pocket expenses that the harassment caused.
Punitive damages can be awarded by the court 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 held 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 lawyer in the workplace to determine what laws govern your case. In most cases, state claims fall under state law limits, not federal ones.
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 individual situation to determine what types of fees you can claim for damages.
The damages that 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 be able to give you a ballpark idea of the amount of money that you can receive in damages for your sexual harassment case.