When you are dealing with workplace harassment it can feel incredibly lonely.
But here’s the thing — most employees don’t know where to even begin with filing a harassment claim against their employer. Hiring an attorney and going through a consultation is the first step. It’s not as scary as you might think.
Setting The Expectations
Going through an employment law harassment case can be really daunting. But knowing what to expect at a consultation with an attorney will change everything.
Here’s what’s covered below:
- Why Harassment Cases Are Increasing
- What To Expect At The Consultation
- Gathering Documentation
- Questions You’ll Be Asked
- Timeline For Your Case
- Next Steps After Meeting
Why Harassment Cases Are Increasing
The numbers don’t lie.
Harassment charges filed with the EEOC have risen 47% in the last three years. There were 21,270 charges in FY 2021. In FY 2023, there were 31,354 harassment charges.
Employees are coming forward more, and employers are being held accountable.
If you are being harassed at work and it’s happening more than once, that’s workplace harassment. If it’s creating a hostile work environment or affecting your ability to do your job, that’s an employment law harassment case that you should speak to an attorney about. Start with a consultation to learn your rights. Those who need a San Diego workplace harassment attorney should look for someone who specializes in employment law harassment cases — everyone else is just gathering information.
What To Expect At The Consultation
The consultation is an opportunity for both you and the attorney to collect information.
The attorney will want to learn everything about your situation. You should use this time to learn about your rights.
Here’s what happens at a harassment case consultation:
During the free initial consultation, an employment attorney will
- Listen to the victim’s account of what happened
- Ask questions about the key details
- Review any relevant documents
- Explain the employment laws that apply to your case
- Go over what happens next, if you decide to file a claim
A few things to remember:
Everything discussed during the consultation is confidential. The attorney is not there to pressure you into hiring them. And at the end of the consultation, you will have a clear understanding of what your options are.
Gathering Documentation
Just like the attorney will want to hear about your experience, you should come prepared to the consultation with documentation.
The more information you have, the better advice the attorney can give you. Compile:
- Any emails, texts, or written notes that relate to the harassment
- The date(s) that the harassment took place, and how often it occurred
- If there are any coworkers who witnessed the harassment
- Any records of you filing a complaint with HR or another company entity
- Any employment contracts or related paperwork
Again, you don’t have to have everything lined up and polished before you meet. Just bring whatever you have that might be helpful.
Questions You’ll Be Asked
Here’s the thing about harassment claims.
They are facts and details oriented. An employment attorney is going to ask you a lot of questions about what happened.
Here are some questions they will likely ask:
- What type of harassment occurred?
- Sexual, racial, disability, or another form of harassment based on a protected characteristic?
- How long did the harassment continue?
- Did you report the harassment to your employer? What was their response?
- Have you faced retaliation for filing a harassment complaint with your employer? Were you demoted, skipped for a promotion, or terminated?
- Are you currently employed with the company? Was the harassment incident related to your termination?
Why do attorneys ask these questions?
These questions help determine if what you have experienced qualifies as an employment law harassment claim. Not every bad interaction at work will qualify.
But 91% of working adults in the United States have experienced discrimination, according to CNBC. That doesn’t mean every single person has a legal claim worth pursuing. But it does mean harassment in the workplace is nothing new. Employers know it’s against the law to harass their employees. So they push back hard if someone files a claim. It’s your attorney’s job to determine if what you’ve experienced is illegal.
Timeline For Your Case
Statute of limitations is a term you will hear quite a bit during the consultation.
Employment law harassment claims are only actionable within a certain time frame. For federal harassment claims, an employee typically has between 180-300 days to file a claim with the Equal Employment Opportunity Commission, more commonly referred to as the EEOC.
If you do not file a claim within that time window, you likely forfeit your ability to take legal action against your employer.
During the consultation the attorney will make sure you know:
- Whether your window to file a claim has passed
- Exactly how to file a claim with the EEOC
- How long the entire legal process will likely take
Keep in mind, the EEOC reported 88,531 new harassment charges in FY 2024. That’s a 9% increase from the previous year. Cases take time. So will your harassment case. Your attorney will lay out just how long your case will take from the get-go so you aren’t blindsided later.
The EEOC recovered approx. $664 million dollars for victims of workplace harassment in 2023. That was a 30% increase from 2022. Every single employee deserves to have a safe workplace. If you’ve been harassed on the job, there’s a good chance an attorney can help you hold your employer accountable. But you don’t know until you consult.
Next Steps After Meeting
When you leave the attorney’s office, you should have a good understanding of what you can do about the harassment.
Attorneys typically lay out whether:
- You have a legitimate employment law harassment claim
- Filing a claim with the EEOC is the best first step
- You should (or could) try to negotiate with your employer
- You need to begin preparing for litigation
Some cases are cut and dry. Some situations can be resolved by filing a claim with the EEOC. Others require going to court. But without that consultation, you don’t even know where you stand. And some consultations lead to immediate resolutions. Either way — the consultation will set you on the right path.
Before You Go…
Filing a harassment claim against your employer is scary. Dealing with harassment on top of that? Even scarier.
But hiring an employment attorney and scheduling a consultation doesn’t have to be. Speaking with an attorney will take about an hour of your day. And it can give you options you never knew you had.
Remember:
- The consultation is a fact-finding mission for both you and the attorney
- You’ll be asked questions about the harassment you experienced
- The attorney will review any documents you have
- An attorney will be able to assess if you have a legitimate legal claim
- You walk away with next steps
Taking the first step is always the hardest part. Don’t let harassment at work continue to stress you out. Schedule a consultation with an employment attorney today.