If you have been subject to sexual harassment in your San Diego place of work, you are likely feeling uncertain and even frightened over what the future might hold. These cases are serious, and the perpetrators should be held accountable for their actions so that no one else is hurt. When you hire a lawyer, you will likely have many questions, including what the average sexual harassment settlement in San Diego currently is. Your attorney can work to answer this.
While there is no standard for how much a San Diego sexual harassment settlement must be, there are several factors involved that will impact the final value of your claim. When you work with an experienced attorney like those at Diefer Law Group, you can rest assured that you have a better chance of obtaining the highest amount of compensation possible in your case.
The correct way to calculate how much your settlement might be worth, is to speak with a trusted and knowledgeable attorney.
How Is Sexual Harassment Defined in San Diego?
In the state of California, there are three main types of sexual harassment workers may face at their place of employment. Each type is illegal, and should you become a victim of any of them, you may be entitled to seek monetary compensation for the damages you have suffered. The value of these damages, however, will likely depend on the form and severity of the harassment. The main forms of sexual harassment in the workplace include:
- Unwanted Physical Contact: This form of harassment occurs when a coworker or superior approaches you and makes any form of physical or sexual contact that is unwanted or unwelcome. This typically occurs against your will and can include actions such as touching, groping, kissing, and even assault in severe cases.
- Entorno laboral hostil: This form of sexual harassment occurs when an individual is made to feel unsafe. They can no longer perform their job duties because of the discrimination or harassment they face.
- Quid Pro Quo: This type of sexual harassment happens when an individual in authority, such as a boss, manager, supervisor, or owner of the company, requests certain sexual favors from an employee in exchange for benefits. These benefits could be promotions, raises, or receiving a desired work schedule.
These requests might also come in the form of threats, meaning they threaten certain acts of retaliation if you do not grant the sexual favor. If you have experienced any of the above forms of workplace sexual harassment, you may be eligible to file a claim for compensation.
Damages Typically Recoverable in a San Diego Sexual Harassment Case
Depending on the nature and severity of the harassment, you may be entitled to several forms of damages. The viability of seeking each of these damages will ultimately influence the monetary amount your settlement is worth. Damages that are typically recoverable in a sexual harassment claim can include the following:
- Back Pay: Almost every individual filing a sexual harassment claim will seek back pay in one form or another. Back pay refers to any wages that were lost or other financial losses that have occurred from the date the harassment took place to when the case reaches a resolution. Back pay can cover any wages lost from a missed promotion or lost position because of the harassment.It may also include sick pay, health insurance benefits, lost commissions, bonuses, vacation pay, retirement or pension benefits, stock options, or any other work-related loss.
- Front Pay: If you had to leave your job for your own personal health and safety due to the ongoing sexual harassment, your former employer is required by law to rehire you back to the same position. This rule holds true whether you were fired or left on your own due to a hostile work environment.However, your experience may make it so that it is no longer possible to return to that job. In these cases, you may seek front pay damages which can cover the loss of wages.
- Compensatory Damages: In addition to front pay and back pay, you may also seek compensatory damages. These can cover emotional distress, reputation damage, pain and suffering, or any medical bills for counseling and therapy.
Preguntas frecuentes
Q: What Is the Average Cost of a Sexual Harassment Attorney?
A: Just like every sexual harassment case is different, so is every attorney. There is no way to determine an exact average as to how much a sexual harassment attorney may cost. There are several factors that will impact their fees, including the overall complexity and duration of the case and the attorney’s own experience, skill level, and effort placed into the case.
Q: Can You Get Punitive Damages for a Sexual Harassment Case?
A: Though rare, it is possible to receive punitive damages in a sexual harassment case. These damages might be awarded if the courts decide to punish your employer for egregiously bad behavior. For example, if the courts deem your employer to have demonstrated reckless indifference toward your sexual harassment, meaning they knew about it and did nothing, punitive damages may be awarded.
Q: Can You Get Your Employer to Pay Your Attorney Fees?
A: In some cases of sexual harassment, you may be able to claim your attorney’s fees and costs. This means your employer will be liable to pay for them, not you. These fees can also include court filing fees should you win your case. The courts may request your attorney provide them with a statement of fees to ensure these fees requested are reasonable. An experienced lawyer can help you navigate through this process.
P: ¿En qué consiste un caso sólido de acoso?
A: A strong harassment case will be based on the presence of certain forms of viable evidence that can prove your claim is true. These forms of evidence can include documentation of the events of harassment, any eyewitness statements, and any surveillance footage that clearly demonstrates the sexual harassment that took place at your job.
Speak With a Trusted Sexual Harassment Attorney Today
If you have faced sexual harassment in your San Diego place of work, there are legal options available to you. It’s time to hold the responsible party accountable for their inappropriate behavior and obtain the settlement amount you deserve so you can move forward with your life. Contact the team at Diefer Law Group today. We are here to help.
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