Workplace harassment can have a lasting and harmful effect on employees, causing emotional distress, mental health issues, and in some cases, financial loss. In California, strict laws are in place to protect workers from harassment in the workplace. If you or someone you know has been the victim of harassment at work, it is important to understand the legal process involved in filing a lawsuit. This guide will explain each step of the legal process, from identifying workplace harassment to taking legal action, and how you can seek justice and protect your rights. At, The Myers Law Group, APC , we are here to guide you through the legal process and help you navigate the complexities of your case
David P. Myers
Managing Partner
Adam N. Stern
Attorney
Ann Hendrix
Attorney
Robert Kitson
Attorney
Justin Crane
Attorney
Doug Smith
Attorney
Jason Hatcher
Attorney
Morgan J. Good
Attorney
Alvin Ferrara
Attorney
Understanding What Workplace Harassment Is
Workplace harassment refers to inappropriate and unwelcome behavior or comments made by an employer, supervisor, co-worker, or anyone else in the workplace that creates a hostile, intimidating, or offensive environment. In California, harassment can be based on a number of factors such as race, religion, gender, sexual orientation, disability, and more. Harassment can take many forms, including verbal abuse, physical threats, inappropriate jokes, unwanted physical contact, and other actions that make the work environment uncomfortable or unsafe. If the harassment affects your ability to perform your job or causes emotional distress, it is essential to take steps to address it.
Gathering Evidence of Harassment
One of the first steps in the legal process for filing a workplace harassment lawsuit is gathering evidence. Evidence is important because it will help prove that harassment took place and that it was severe enough to create a hostile work environment. This can include emails, text messages, recordings, or written statements from witnesses who may have observed the harassment. Keeping a detailed record of the incidents, including dates, times, and descriptions of what happened, will strengthen your case. Remember that gathering evidence should be done carefully and legally, without violating any workplace policies.
I had some issues with my employer. I called a couple of law firms. Some called back and some did not. When David Myers returned my call I found him to be down to earth and personable. He was cognitive about my issues and his knowledge of Labor Law was exemplary. My issues were addressed and handled to my satisfaction. I will recommend David Myers and his law group to anyone who asks. Thank you David.”
- Ken Fretter
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I have hired David Myers for 2 cases. The first was a wrongful termination based on my request for a reasonable accommodation under ADA law. The second case involved an employer who reneged on a written job offer/acceptance. In both cases, David was knowledgeable about the laws, presented the case well, and was supportive of me. We prevailed on both cases. I would recommend David without hesitation."
- Anonymous
Reporting the Harassment to Your Employer
Before filing a lawsuit, it is important to report the harassment to your employer or supervisor. In California, most employers are required to have a process in place for handling complaints of harassment. Reporting the harassment gives your employer the opportunity to take action, such as investigating the complaint, disciplining the harasser, or taking steps to prevent future harassment. If your employer does not take your complaint seriously or fails to resolve the issue, this could strengthen your case if you choose to pursue legal action.
Filing a Complaint with the California Department of Fair Employment and Housing (DFEH)
Before you can file a lawsuit for workplace harassment, you must first file a complaint with the California Department of Fair Employment and Housing (DFEH). This is a state agency responsible for enforcing California’s anti-discrimination and harassment laws. Filing a complaint with the DFEH is an important step in the legal process because it allows the agency to investigate your claim and determine whether the law has been violated. You can file a complaint online, by mail, or in person, and the DFEH will typically conduct an investigation into your claims.
Receiving a Right-to-Sue Letter
Once the DFEH has completed its investigation, it may issue a right-to-sue letter. This letter allows you to file a lawsuit in court against your employer for workplace harassment. If the DFEH finds evidence that harassment occurred, they may also help you resolve the issue through mediation or settlement. However, if the investigation does not lead to a resolution or if the harassment continues, the right-to-sue letter gives you the legal right to move forward with a lawsuit.
Hiring a Lawyer to Represent You
Filing a lawsuit can be a complex and challenging process, and it is important to have the right legal representation on your side. A lawyer can help you navigate the legal system, file the necessary paperwork, and represent you in court. Your lawyer will help you understand your rights under California law and will work to build a strong case on your behalf. Having legal representation can make a big difference in the outcome of your case, as a lawyer can advocate for your best interests and seek the compensation and justice you deserve.
Filing the Workplace Harassment Lawsuit
After receiving the right-to-sue letter from the DFEH, your lawyer will file a formal complaint in court. This document will outline the details of the harassment, the impact it has had on your life and work, and the legal claims you are making against your employer. The lawsuit may seek damages for lost wages, emotional distress, and other forms of compensation. Once the complaint is filed, your employer will have the opportunity to respond, and the case will move forward through the court system.
The Discovery Phase
During the discovery phase of the lawsuit, both sides will exchange information and evidence. This phase is important because it allows your lawyer to gather more evidence to support your claims and to prepare for trial. The discovery phase may include depositions, where witnesses or the people involved in the harassment are questioned under oath. It may also include requests for documents or other evidence that could strengthen your case. The discovery phase can take several months to complete, depending on the complexity of the case and the amount of evidence involved.
Settlement Negotiations
Many workplace harassment lawsuits are settled before they go to trial. During the settlement negotiation process, both sides will try to come to an agreement on how to resolve the case. A settlement may involve compensation for the victim, changes to the workplace environment, or other measures to prevent future harassment. Your lawyer will work to negotiate a fair settlement on your behalf, but if an agreement cannot be reached, the case will move to trial.
The Trial Process
If your case goes to trial, it will be heard by a judge or jury who will decide whether your employer is legally responsible for the harassment you experienced. During the trial, both sides will present their evidence and make their arguments. Your lawyer will present evidence of the harassment and explain how it has affected your ability to work and your emotional well-being. The trial process can be lengthy and emotionally challenging, but it is an important step in seeking justice and holding your employer accountable for their actions.
The Court’s Decision
After the trial, the judge or jury will make a decision on your case. If they find that your employer is responsible for the harassment, they may award you damages for lost wages, emotional distress, and other losses you have experienced. The court may also require your employer to take steps to prevent future harassment, such as implementing new workplace policies or training programs. If the court rules in your favor, your employer will be legally obligated to comply with the court’s decision.
Appealing the Court’s Decision
In some cases, either side may choose to appeal the court’s decision. An appeal is a request for a higher court to review the decision made in your case. If you believe that the court made a mistake or if you are not satisfied with the outcome, your lawyer can help you file an appeal. The appeals process can take time, but it is an important step in ensuring that your rights are fully protected under the law.
Navigating the legal process for a workplace harassment lawsuit in California can be difficult and overwhelming, but it is important to know that you do not have to go through it alone. Understanding your rights and taking the right steps to protect them can help you achieve justice and create a safer work environment for yourself and others. If you or someone you know has experienced workplace harassment, contact The Myers Law Group, APC. Their dedicated and compassionate legal team can provide the guidance and representation you need to hold your employer accountable and seek the compensation you deserve. Reach out today to discuss your case and take the first step towards justice.