Your lawsuit

A lawsuit against your employer for harassment may or may not be a good idea. Deciding whether to file a sexual harassment lawsuit is a very personal choice that involves different considerations for every potential plaintiff. Some reasons why people choose not to sue their former employer include (1) litigation is a long, drawn-out, stressful and painful process; (2) the coworkers you consider your friends may not be willing to testify for you as witnesses at trial; (3) your employer will try to scrutinize your personal life. Some people also fear that the public record of a lawsuit may prevent them from getting a job somewhere else.

In a lawsuit, the victim of the sexual harassment who files the case is the “plaintiff.” The persons or companies the plaintiff sues are referred to as “defendants.” the time a sexual harassment lawsuit will take from beginning to end will vary depending on a number of factors. If it goes to mediation, it will likely end within 8 months of filing the lawsuit. If it goes to arbitration or trial, the case will usually be tried with 18 months of the filing of the lawsuit. If the result is appealed, the case could last another two years. Lawsuits may last for many years. You should prepare yourself and those close to you for this possibility. Events in a sexual harassment lawsuit generally take place in the following order:

  1. Contact attorney about representation
  2. Investigation into claims to determine whether to form an attorney client relationship
  3. Enter into written contingency fee agreement with attorney
  4. Comprehensive investigation into claims, including contact with witnesses and document gathering
  5. Send evidence preservation letter to employer with request for relevant evidence
  6. Review employer’s response to evidence preservation letter
  7. Send detailed letter to employer outlining the nature of the dispute
  8. Pre-lawsuit Settlement negotiations, including mediation
  9. Send notice of dispute to government agencies (Department of Fair Employment and Housing)
  10. File lawsuit
  11. Receive cross-claims (counter-lawsuit) from the defendant (if any)
  12. Oppose any motions to dismiss (demurrers)
  13. Conduct Discovery (depositions, interrogatories, document requests, mental examinations)
  14. Oppose or file motions for summary judgment
  15. File pretrial documents
  16. Mandatory settlement conference (mediation with a judge)
  17. Trial
  18. Post judgment proceedings (motions for costs and attorney fees by prevailing party)
  19. Appeals

You may have had a car accident or slip-and-fall lawsuit in the past. In such a lawsuit, you may not have had much work to perform in connection with the case. You may even have received a settlement check just a few months after you hired your lawyer. Sexual harassment lawsuits are very different from other personal injury lawsuits like car accidents and slip-and-falls.  Ordinarily, in a sexual harassment lawsuit, you will have to spend a great deal of time communicating with your attorney and providing your attorney with information. It will be a hassle and will likely interfere with other things you are busy with such as work, family life, and hobbies. Your decision to pursue a sexual harassment claim means that you must bear the responsibilities that go with it. The most time-consuming tasks you will be directly involved in are your deposition, an “independent” mental examination by a physician or healthcare practitioner chosen by the defendant’s lawyers, and finally, your trial.

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.

About Your Lawsuit:

Sexual Harassment Topics:

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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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