Legal Question in Sexual Harassment in California

Re: Sexual Harrsment

i'll be a straight shooter here. If I took the case on contingency, you would still have to front the filing fees and other incidental costs, I will only front my time, not the expenses. My opinion is that if I am willing to front 30-150K in legal time, the client can front the 5-10K in expenses necessary to go to trial, depositions, filing fees, etc. If a client isn't willing to front expenses, then they don't believe in their case and I don't want it anyway. As such, if you believe in your case and I agree with you after a more thorough investigation, I'll take it on contingency, with you fronting expenses. Give me a call.

Re: Sexual Harrsment

To begin with, if your daughter wishes to proceed, she should read the company handbook and see to whom to report the sexual harassment. They then have to immediately conduct a reasonable investigation. Without reporting it to those responsible, she will have little ability to bring a lawsuit. In addition, if the company doesn't do anything after she reports it to higher-ups, then she can file a complaint for sexual harassment with the CA Dept. of Fair Employment and Housing. Typically, it makes sense to have the help of an attorney in filling out the forms, especially if she's contemplating a lawsuit later on. She has one year from the date of the last incident to file a claim with the DFEH, or she will face additional hurdles in filing a lawsuit.

Re: Sexual Harassment

Under California law the company is strictly liable for the harassment if it was done by a supervisory employee, whether it is reported or not. If she is being harassed by a coworker, it must be reported before the company is liable. Assuming he is a manager, she should still complain if for no other reason than to stop the harassment. The fact that he has been in trouble before may open the employer up to additional damages. Clearly the company is in a position to know this guy is a problem.

Attorneys charge retainer fees in employment cases because they are not willing to assume 100% of the risk of the case not going as planned. Requiring the employee to invest in the process assures us that you are committed to your case and are being forthcoming and honest about the facts. I work with clients on the retainer fee if there is an issue of financial need, but for the most part our retainer fee is the same across the board. If you would like to give me a call, I can let you know if this case is something we would consider accepting without a retainer fee. It would depend on a number of factors. Please email me directly if you would like to set up a consultation. Thanks.