Frequently Asked Questions

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For a sexual harassment case, our initial consultation is free. We do not offer free consultations for all employment law cases. However, if you are looking to sue your employer we do provide a free case evaluation.

If you are looking to file a lawsuit against your employer for sexual harassment and/or retaliation, if we decide to take your case, we will do so on a contingency fee or hourly rate basis. A contingency fee is a fee paid to us only if we obtain a recovery for you.  

Yes, there is no requirement that you no longer be employed to bring an action. It's critically important to seek legal representation as soon as you have been subjected to harassment. In many cases if you simply quit your job after you have been subject to harassment, you may lose your right to bring a claim against your employer.

In some situations, you must file a charge of discrimination alleging harassment within 180 days of the date of the harassment (and - at most within 300 days) to have the right to bring a claim against your employer for sexual harassment in violation of Title VII. So, it's important to contact competent counsel immediately so that the appropriate statute of limitations period can be determined and satisfied.

Generally, no. However, there are other potential claims that you may bring directly against the harasser, including for assault and/or battery, and other intentional torts. In addition, in some cases the government may bring criminal charges against the harasser. A lawyer can assist you with exploring all possible claims.

While it is not required, it is usually important to make a timely written complaint to your employer in accordance with its own policies. The law requires that your employer have notice of harassment - either actual or construction notice - so it has an opportunity to take prompt remedial action designed to stop the harassment.  In some cases, notice is not required where the harassment results in certain employment actions.

Terminating you or taking other adverse action you in response to a complaint of harassment is illegal retaliation if the action was taken because of your complaint.

In short, the harasser's conduct must be either severe or pervasive (frequent), unwelcome  and based upon your sex. The conduct can include sexual advances, banter, requests for sexual favors, and other verbal  or physical harassment that is based on sex, and can include offensive remarks about a person's sex. Both victim and the harasser can be either a woman or a man, and the victim and harasser can be the same sex. While the law doesn't prohibit simple teasing, offhand comments, or isolated incidents that are not very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (e.g., termination).

The harasser does not need to be an employee of your employer. The harasser can be your supervisor, contractor, client or customer or other third-party.

If you prevail on a harassment claim, depending on the law you assert your claim under, you can recover lost pay and benefits and other compensation, non-pecuniary damages (like emotional distress and pain and suffering and humiliation), attorney fees and costs, and punitive damages in some circumstances.

In many situations, we will represent clients on a contingency fee. Under a contingency fee agreement, you only pay our attorney fees if we obtain a recovery for you. For more information about our fess structures, contact our law firm.