What is exposure to a hostile work environment, termination for whistleblowing, religiously and sexually harassed worth in court
4 attorney answers
Every case is different. If you were sexually harassed, document the incidents, and report them to HR. Retain a local sexual harassment lawyer to investigate a claim. Avvo has a great lawyer finder tool to locate an attorney close to your home. Good luck.
The damages that you can recover for employment matters are limited. In an unlawful harassment lawsuit you can generally claim: emotional distress, punitive damages (with limitations), attorneys fess and costs. In a wrongful termination lawsuit you can usually claim the same plus back pay (the money you would have made had you not been terminated less any money actually made). Back pay damages are running claims meaning that each day your back pay can grow although you do have a duty to mitigate (lessen) the damages by finding alternate employment.
However, none of these damages matter unless you can show liability; meaning prove all the necessary elements of a legal claim. You may believe you have certain legal claims that you, in fact, do not. For example, if your manager was "hostile" toward you because you had turned him into the owner, then you would not have a hostile environment claim on that basis. Along the same lines, if you were fired by your manager because you turned him in, then you would not have a claim for wrongful termination (firing). If you have no claim, then you are not entitled to damages, therefore the case would have no settlement value.
On the other hand, if you worked for a company with 15 or more employees, then it would be unlawful to subject you to certain types of conduct due to your religion and/or your sex. Additionally, there may be other possible claims that you have that are not touched on by the facts you posted. So, I recommend that you consult with an experienced employment attorney as soon as possible.
Kirk J. Angel is an experienced attorney who focuses his practice on employment law. Mr. Angel, who has practiced employment law for more than 16 years, represents clients throughout North Carolina and more information about him is available at www.theangellawfirm.com This response is for general informational purposes and does not constitute legal advice. Additionally, this response does not create an attorney client relationship. If you need legal advice, please contact a lawyer in your state who practices in the appropriate area.
It sounds like a lot was going on here and there needs to be a discussion in greater detail regarding the particular facts in your case. Without more information it is not possible to give an opinion about this. You may have a claim for harassment and discrimination based on gender and religious beliefs. The best advice would be to set an appointment with an attorney who specializes in employment law and sexual harassment cases. Then after a thorough review of all of the facts, they can give you an opinion as to whether you have a viable claim, and what procedural steps you should take. Many attorneys handle these cases on a contingency percentage fee, taking a percentage of the recovery. In contingency fee arrangements, there are no hourly fees. In some states attorneys do not charge anything for an initial appointment to discuss your case but in others there is a reasonable fee charged to compensate the attorney for their time and advice. I would suggest that you begin your search for an attorney on this Avvo website. There is a tab "Find A Lawyer" on the home page of Avvo at www.avvo.com that will help you find a lawyer in this practice area in your locale. Good luck!
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In state court, your case would be decided by 12 strangers. In federal court, most judges put 8 in the box. Any attorney willing to tell you what these people will do in terms of awarding a verdict is at best guessing. Most cases of this nature are resolved prior to a verdict. Free market forces apply to these situations. Namely, what are they willing to pay you and what you are willing to take.
These answers are provided directly from Mathew E. Flatow, Partner at SeiferFlatow, PLLC. Lauded by his clients and recognized by Super Lawyers and the National Trial Lawyers, Mathew E. Flatow is a respected and experienced attorney with an impressive track record of results in Workers Compensation, Employment Law, Personal Injury, Wrongful Termination and General Litigation. The information presented does not hold itself out to be or constitute legal advice or legal opinion. Readers of this should not act or rely upon any information without first directly consulting legal counsel of their own. The information is not provided in the course of an attorney-client relationship and does not constitute legal advice. In no way should the information on this website be a substitute for obtaining legal advice from an attorney licensed in the State of North Carolina.