Evidence gathering

To win your sexual harassment lawsuit, you will need evidence - proof of the sexual harassment and the harm it caused you. You may have a medical or therapy history that will support your claim that the sexual harassment caused you injuries. Obtain all of your medical and therapy records (if any) for the past ten years and provide them to your lawyer for consideration. While some may be private and irrelevant, some may help prove your case for compensatory damages. Provide your attorney with the names, addresses and phone numbers of all physicians and therapists you have treated with.

Your attorney will need the names and contact information of all witnesses to the events in question in a sexual harassment case whether you think they will testify for you or against you and whether you think they will remember or not. Your attorney will also need a complete employment history from you that states the names and addresses of each former employer, the dates of employment, the titles you held, the names of your supervisors, your rate or pay, and the reasons for your separation from the employer. You should prepare a chronological account (history) of the incidents you will tell the court about during your lawsuit. Complete it and send it to your lawyer as soon as possible. Further, your lawyer will need the names of all of your healthcare and therapy providers for the past ten years. Be sure to provide your lawyer with:

  1. Witness list
  2. All documents related to your employment
  3. Background information about the terms and conditions of your employment
  4. Chronological history of the important events in your employment and sexual harassment history
  5. Paychecks, pay stubs, itemized wage statements, and other payroll records
  6. Expense (mileage, parking, travel, tools, supplies, materials, meals, uniforms) and reimbursement records
  7. Direct deposit receipts and bank statements showing when you were paid wages
  8. Text messages, email messages, Facebook chats, Twitter tweets, and letters between you and coworkers and supervisors
  9. Prior lawsuits, claims, complaints and grievances to your employer or against your employer
  10. Complaints to the DFEH, EEOC or Labor Commissioner
  11. Performance evaluations
  12. Disciplinary notices and write-ups
  13. Firing and layoff notices
  14. Severance agreements, settlement agreements, and releases
  15. Personnel files
  16. Email communications
  17. Memos
  18. Company policies
  19. Employee handbooks
  20. Company manuals
  21. Employment agreements
  22. Awards and commendations
  23. Pay raise notices
  24. Work schedules
  25. Greeting cards from coworkers
  26. Direct deposit stubs
  27. W-2 and W-4 forms
  28. Resumes (new and old)
  29. Job applications
  30. Personnel files
  31. Time cards and time sheets
  32. Work uniforms
  33. Name tags and badges
  34. Photographs with coworkers
  35. Work related photographs (including holiday parties)
  36. Work related video recordings
  37. Work related audio recordings
  38. Diaries and journals in which you recorded your impressions and feelings (depression, tragic events) and incidents at work
  39. Arbitration agreements

Certain evidence may even arise after you file your sexual harassment lawsuit. Be sure to save all of your records of efforts to find a new job, including applications and resumes, job advertisements you check, internet job postings you respond to, responses from prospective employers.  Also, keep notes of every effort you make to find a job on a daily basis.  This will help prove your case for lost wages and overcome the “mitigation” defense.

At the time of your lawsuit, you may still be working for the employer you sue. Any records you gather during your employment that relate to your employment are evidence. You must save them and provide them to your lawyers. However, if you have documents or property that may belong to your employer or the harasser, immediately bring the property to your lawyer’s attention so he or she can arrange to have it returned. It will weaken your case if your former employer can accuse you of theft or other wrongdoing with its property. The wrongs your employer committed against you do not justify you holding on to your employer's property. This rule may even apply to paperwork, receipts, and emails involving your employer, its customers, and its employees. Your employer likely has policies that prohibit you from taking such information. It may jeopardize your job if you remove such paperwork from the workplace.

Similarly, it may not be a good idea to secretly record witnesses or your employer to catch them admitting to wrongdoing. Audio or video recording a person without his consent is a crime in some cases.

Not only is sexual harassment illegal. The law also prohibits:

Most people are familiar with workplace sexual harassment claims. Harassment in professional, business, and educational relationships are also illegal.

Additional Topics Before You File:

Sexual Harassment Topics:

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Email Help@FightSexualHarassment.com

An experienced sexual harassment lawyer is standing by to fight for you.

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The Spivak Law Firm only accepts California, Washington D.C., and New York cases.

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