If you file a sexual harassment lawsuit against your employer in Long Beach, be prepared for a considerable legal battle. Many employers do everything in their power to avoid facing consequences for their misconduct. They may attempt to employ a wide range of strategies in order to rob you of your right to pursue justice and a considerable settlement. But how exactly will your employer go about proving their innocence and throwing doubt upon your accusations?
While employers may attempt to avoid consequences in a number of ways, you can always hold them accountable when you work with a qualified, experienced sexual harassment attorney in California. These legal professionals are familiar with all the various tactics your employer might use in court, and they can help you fight back in an effective manner.
They May Claim that the Incident Never Happened
The first thing you need to know about filing a sexual harassment lawsuit is that the burden of proof falls squarely on your shoulders. In other words, your employer will be presumed innocent until you can prove otherwise. It’s up to you and your attorney to present evidence that clearly shows that your employer engaged in (or allowed) sexual misconduct in the workplace.
Your employer may simply claim that the alleged harassment never happened. They may also claim that they were not made aware that the harassment ever occured. This means that you must be very careful when gathering evidence. Collect written communications between you and your employer that clearly show discussions about sexual harassment allegations. If possible, find evidence that the harassment occured, such as screenshots of inappropriate text messages.
They May Claim That You Are Not an Employee
Another common tactic is to claim that you are not an employee, and therefore they have no legal obligation to protect you from sexual harassment. Instead, they may have wrongfully classified you as an independent contractor, which gives you fewer protections and rights. However, intentionally misclassifying employees is illegal, and they can be held accountable for this. In addition, the court may consider you a “de facto” employee if you were treated in exactly the same manner as a legal employee while technically holding the title of independent contractor.
They May Settle Out of Court
Other employees may attempt to settle out of court. Essentially, this means they will give you financial compensation in exchange for keeping the harassment private and out of public courts. It is up to you whether you’d like to accept this settlement or force your employer to experience the shame and damaged reputation that comes with a public trial.
Enlist the Help of a Qualified Attorney Today
If you’ve been searching for a qualified, experienced sexual harassment attorney, there are many legal professionals waiting to assist you. Team up with one of these professionals, and you can strive for the best possible legal outcome – even if your employer is attempting to use all kinds of nefarious tactics to escape liability. Book your consultation today, and you can immediately start developing a solid action plan.