How an Employment Attorney Can Help

By Staff Reporter - 16 Dec '19 15:07PM
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  • How an Employment Attorney Can Help
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Sexual harassment cases in the workplace have become more common and prevalent over the last few decades. Actually, it is not uncommon for sexual harassment to be found from the lowest level in an organization to the top tier of those in upper management. Since these cases can involve anyone, both men and women on the job, there are laws in each state that addresses these kinds of situations and they must be followed to protect the victim's rights in the workplace. 


Anytime an employee makes this type of claim, they will need to be prepared to learn as much as they can about sexual harassment and what it means to them in their workplace. In some cases, these actions may lead to extreme resources that are up to and including needing a lawyer to handle these types of claims. Having said this, How an Employment Attorney Can Help an employee who is involved in these types of situations.

1. Sexual harassment lawyer makes sure the Employee Knows How the Law Defines Sexual Harassment in their State

If an employee feels like they are being violated at any point in time, they may find their experiences fall in the realm of sexual harassment. Before this claim can be made in the workplace, the employee must be able to prove that the other person is at fault of one or more of the following behaviors.

- Employee, management or contract worker is making unwanted requests in the form of dates or sexual favors.
- Employee, management or contract worker is making comments that are deemed as inappropriate about a co-workers appearance or body
- Employee, management or contract worker says a variety of offensive things that's vulgar, explicit and offensive, about sexual acts or sex or sends out emails, text and other things via various office or personal messaging systems
- Blocks movement of someone in a workplace situation
It starts to touch others inappropriately in a manner that involves kissing, hugging and etc.
- sends out pornography to one or more employees in the workplace setting.


2. Sexual Harassment Lawyer Explains Employees Rights

When an employee in the workplace is being harassed in one or more of these ways, it is very important that their rights are always protected. Therefore, if the individual makes an appointment with a Sexual harassment lawyer, the West Coast Employment Lawyers will have an opportunity to explain what they can do to protect themselves from these kinds of actions. For instance, all employees have the right in a safe work environment without the fear of being harassed or discriminated against. Whatever the case or situation, the employer must work with their employees to ensure the workplace that is provided is free from any of these related issues. One of the ways that the employee can exercise their rights is to report these offenses when they happen.

Once the employee has reported these actions, it is left up to the manager to provide a remedy that keeps them having to work in this type of hostile environment. According to the representation of West Coast Employment Lawyers or you can visit https://www.employmentattorneylosangeles.com/  , the company must also have written company policies that explain the reporting process and the repercussions attached to these discriminations cases. For instance, if the employee who is harassing other parties does not stop these actions completely, the manager has a right to remove them from their jobs permanently or until such time that the harasser is cleared of what has been said by the other parties involved.

3. Employment lawyer in Los Angeles Makes Sure Employees/Management is aware of the steps involved before the Claim Can be Filed Appropriately in Court

In some situations, the employee who is involved in these cases can become extremely frustrated by the actions that have been taken by others. Knowing what they need and can do is pivotal to resolving these kinds of issues. For instance, with the right employment lawyer in Los Angeles involved in these situations, the employee may be advised to follow all of the sexual harassment remedies outlined by the law. For instance, if the employee is going to build a strong case about these actions, they will not only have to report to the upper management involved but also ensure that they are documenting every aspect of the situation. For instance, if these cases end up in court or other parts of the complaint process, the dates of these incidents, who witnessed the harassment, the time of the day or days it occurred and any other thing that will help to prove there is still a problem.

To ensure these complaints are taken seriously, the employees must document the complaints in writing so that they can be submitted to the company's officials. The company officials are usually a manager or supervisor. Each of these individuals has the power to affect the changes that are needed in the workplace to protect the individual from what is occurring.



4. All Steps Exhausted with Company Officials - Employee Free to hire the Attorney

The laws that govern this type of harassment is clearly defined in how it needs to be handled. Each step in the process, including reporting the complaint to a supervisor, which is essential before an attorney can address what the company has failed to do. To protect the individual after they have exhausted every remedy that they are required to follow, the attorney can take the claim to court so that it can be resolved.

In fact, if the company did not do anything to stop or protect the victim of the harasser, the lawyer may even file a lawsuit against the harasser and the company that did not do anything to provide a sexual harassment-free work environment for all of their employees. These laws have been written clearly enough for anyone on the job, employee and supervisor alike, to do the right thing for that particular employee at all times.

Conclusion

How an employment attorney can help can vary greatly based on each situation. Since the knowledge and expertise that they are equipped with can help to assist in advising their clients with the appropriate information, the advice may differ based on what is occurring. Because some supervisors and management may address these problems head-on by following their own company policies, the problems can be resolved and the employee can easily continue to work in a safe work environment without taking the claim to another level.

On the other hand, if the manager or supervisor allows these actions to fester and continue at the expense of the person that is being harassed, the attorney is allowed to step in to file the necessary claim in court. In short, if the company fails to protect the victim and it is proven through the necessary supporting documentation with witnesses, the company and the harasser both may be liable for what has occurred. Therefore, the primary role of the attorney is working with each client to explain what these actions are defined as by the law, how the victim can be protected with a safe harassment free work environment.

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* This is a contributed article and this content does not necessarily represent the views of newseveryday.com

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