first thing a workplace harassment lawyer will ask me
In workplaces across the country, employees experience a variety of harassing situations. While some of these incidents are harmless and can be resolved without a lawsuit, others are more serious and could lead to an employment discrimination case. Regardless of whether the harassment is sexual or non-sexual, it is essential to understand when bad behavior crosses the line from being annoying to unlawful.
The first thing a workplace harassment lawyer will ask you is how severe and frequent the unwanted behavior was. This information is important because only if the incident was severe and repeated can a claim be made against your employer.
Moreover, it is crucial to document the incidents and preserve any evidence such as emails or text messages. The more detailed the record of incidents, the better. For example, recording when, where, and the details of each incident is crucial. This will help ensure that there is a clear record and helps prevent memories from fading over time.
What is the first thing a workplace harassment lawyer will ask me?
Additionally, it is important to keep in mind that you have a duty to report the harassing behaviors to your supervisor or another manager. This includes verbal incidents that are considered harassment. This can include racial or homophobic slurs, unasked for romantic advances, derogatory comments about your age or disability, and other similar statements.
The next question a workplace harassment toronto will ask you is if the unwanted behavior was based on a protected characteristic. Harassment is only unlawful if it is based on a legally recognized category such as race, religion, gender, sexual orientation, age or disability. The Supreme Court has clarified that a hostile work environment is not an actionable claim unless the harassment is based on one of these categories.
It is also important to note that the person who harassed you must share a protected characteristic with you in order for you to have a legal claim against them. This means that you cannot file a complaint against someone who has no connection to your protected characteristics.
Another crucial element in determining if you have a claim is considering the effect of the conduct on your ability to do your job. If a harassing behavior is so serious that it makes your working conditions intolerable, you may have a constructive termination claim. This type of claim allows you to recover your lost wages and the attorneys’ fees associated with the case.
While no employee should have to put up with harassment in the workplace, it still occurs with alarming frequency. The best way to protect yourself is by reporting the behavior to a manager or HR and by seeking a consultation with an experienced employment discrimination attorney.
If you have questions about workplace harassment or would like to speak with a qualified employment discrimination attorney, contact Mr. Robertson today to schedule a confidential consultation. During your consultation, he will review the incidents, determine if you have a claim and the best way to proceed, and answer any other questions you may have.