Finding a sexual harrassment lawyer
March 9, 2017 10:49 AM Subscribe
I was sexually harassed at work, I reported it and the investigation decided that I was right. I've been offered a sort of severance package. I feel like I should find an attorney/lawyer to look the contract over, but I have no idea how to do that or what to do once I find one.
First off, I have no idea how any of this all works and the entire ordeal has been extremely stressful for me, I apologize if this is a bit disjointed.
During the investigation I told them I no longer want to work there, and once they decided that my story was the right one, I was offered an agreement that includes about a month of extra pay, unemployment, references, that sort of thing (plus the paid leave I already had while they did the investigation).
They've given me some time to look the contract over, and they said that I can have my own attorney look it over if I want. My family thinks I am getting shafted and are pushing me to contact a lawyer (is it lawyer or attorney?). Personally, I find this all exhausting and triggering and would much rather sign the package and get it over with, rather than end up in some court battle over it. But I don't want to necessarily get taken advantage of, either. I don't really know what is "fair" and the entire situation itself is so bizarre it doesn't lend itself well to googling.
I've never had to hire a lawyer of any sort before, I don't know how to look for one, I don't know how the process works, and I don't know how much they typically cost. Can I hire one to just look over this contract? What happens if they think the contract is bad?
I have pretty bad social anxiety and the thought of just contacting a lawyer ties me up in knots. I don't know what to ask them or how to phrase it. Can anyone help walk me through this? Explain like I'm 5? I'm totally lost. Obviously you are not a lawyer, not my lawyer, etc etc. I just need help navigating this.
I'm in the Seattle area if that matters. I have a sockpuppet email set up at meh48929@gmail.com if anyone wants to contact me privately.
First off, I have no idea how any of this all works and the entire ordeal has been extremely stressful for me, I apologize if this is a bit disjointed.
During the investigation I told them I no longer want to work there, and once they decided that my story was the right one, I was offered an agreement that includes about a month of extra pay, unemployment, references, that sort of thing (plus the paid leave I already had while they did the investigation).
They've given me some time to look the contract over, and they said that I can have my own attorney look it over if I want. My family thinks I am getting shafted and are pushing me to contact a lawyer (is it lawyer or attorney?). Personally, I find this all exhausting and triggering and would much rather sign the package and get it over with, rather than end up in some court battle over it. But I don't want to necessarily get taken advantage of, either. I don't really know what is "fair" and the entire situation itself is so bizarre it doesn't lend itself well to googling.
I've never had to hire a lawyer of any sort before, I don't know how to look for one, I don't know how the process works, and I don't know how much they typically cost. Can I hire one to just look over this contract? What happens if they think the contract is bad?
I have pretty bad social anxiety and the thought of just contacting a lawyer ties me up in knots. I don't know what to ask them or how to phrase it. Can anyone help walk me through this? Explain like I'm 5? I'm totally lost. Obviously you are not a lawyer, not my lawyer, etc etc. I just need help navigating this.
I'm in the Seattle area if that matters. I have a sockpuppet email set up at meh48929@gmail.com if anyone wants to contact me privately.
I don't know much about this stuff, but I would expect anything less than 6 months severance and would consider that I had been kind in letting them off that easy.
They benefit a lot by you graciously leaving- that benefit is worth a lot to them. Be more aggressive in realizing that value. A lawyer will help you figure out the right details and can manage the uncomfortable communications for you. Their services will likely cost less than the increase in your renumeration.
posted by cacao at 11:10 AM on March 9, 2017 [24 favorites]
They benefit a lot by you graciously leaving- that benefit is worth a lot to them. Be more aggressive in realizing that value. A lawyer will help you figure out the right details and can manage the uncomfortable communications for you. Their services will likely cost less than the increase in your renumeration.
posted by cacao at 11:10 AM on March 9, 2017 [24 favorites]
I agree with your family and cacao that you are being shafted. If your family is in the same location as you, and they would be amenable, I suggest asking them to assist in the lawyer search and accompanying you to the meeting.
Getting yourself to that first meeting is the hardest part. Your lawyer has been through this dozens of times before, and it's their job to respect your wishes and protect your interests. You don't need to know what to ask them or how to phrase it. You can give them your version of events, and they can take it from there.
I'm really sorry this is happening to you. It must be a terrible experience.
posted by AaRdVarK at 11:19 AM on March 9, 2017 [4 favorites]
Getting yourself to that first meeting is the hardest part. Your lawyer has been through this dozens of times before, and it's their job to respect your wishes and protect your interests. You don't need to know what to ask them or how to phrase it. You can give them your version of events, and they can take it from there.
I'm really sorry this is happening to you. It must be a terrible experience.
posted by AaRdVarK at 11:19 AM on March 9, 2017 [4 favorites]
IAAL, IANYL. I would venture to say that your family is right: a month severance and not contesting your unemployment insurance is a great deal for your employer and a bad one for you. While I totally, absolutely get that you just want to get it over with, that's an extremely common feeling for anyone facing any sort of legal process. I can tell you that people who just sign to get everything over with almost always later regret having done so; you're potentially giving up a lot by signing what they hand to you.
The link Don Pepino posted seems good, since the Bar Associations are an excellent place to start in looking for an attorney. You would just have to tell the lawyer what you told us: an investigation at work concluded that you had been sexually harassed, your employer has given you an agreement to sign, and you'd like to have a lawyer look it over. That's really it.
posted by holborne at 11:20 AM on March 9, 2017 [14 favorites]
The link Don Pepino posted seems good, since the Bar Associations are an excellent place to start in looking for an attorney. You would just have to tell the lawyer what you told us: an investigation at work concluded that you had been sexually harassed, your employer has given you an agreement to sign, and you'd like to have a lawyer look it over. That's really it.
posted by holborne at 11:20 AM on March 9, 2017 [14 favorites]
Do you have a friend or family member who's helpful to you that could call around and make an appointment for you? And then go with you, ideally? This is a trivial conversation IF you're not overwhelmed with anxiety: "Hey, my friend filed a sexual harassment claim and they've investigated and decided it's accurate and are offering her a severance, she'd like someone to take a look at it...Okay, Monday at 2:30, $150 retainer due on settlement? Sounds great, thanks."
Employment law is what you're looking for. There are organizations with directories, and you can check Yelp too.
This is not going to go to court. What happens is the company automatically lowballs you a little bit on their offer, on the off chance you'll just take it. You take it to a lawyer, who might say "yeah, this is the best you're going to get" but chances are good, being a lawyer and all, they'll be like "oh please, I can get you 50% more just by typing up a letter asking for 75%, hang on", and then their lawyer is like "yeah, okay, you got us, we had to try, here you go" or maybe, being a lawyer, will be all "no, 45% more" and your lawyer will say "yeah, I had to try, take this offer."
Look, they're practically begging you to take this to a lawyer. That may be code from a sympathetic HR saying "we're lowballing you, please take it to a lawyer because that's the only way you'll get what you deserve". A month is kind of bullshit here, I think, given that I'm certain you'll have to sign something saying you won't take any further legal action in return.
It may get worked out that the settlement gets paid to your lawyer who makes sure it's accurate and then pays you out minus their cut, or goes after them if they short you or drag their feet or try tagging on some shenanigans after the fact, which the presence alone of the lawyer will prevent for the most part. This is not a scam or anything, as long as their amount is agreed upon and signed off on by you ahead of time.
posted by Lyn Never at 11:27 AM on March 9, 2017 [15 favorites]
Employment law is what you're looking for. There are organizations with directories, and you can check Yelp too.
This is not going to go to court. What happens is the company automatically lowballs you a little bit on their offer, on the off chance you'll just take it. You take it to a lawyer, who might say "yeah, this is the best you're going to get" but chances are good, being a lawyer and all, they'll be like "oh please, I can get you 50% more just by typing up a letter asking for 75%, hang on", and then their lawyer is like "yeah, okay, you got us, we had to try, here you go" or maybe, being a lawyer, will be all "no, 45% more" and your lawyer will say "yeah, I had to try, take this offer."
Look, they're practically begging you to take this to a lawyer. That may be code from a sympathetic HR saying "we're lowballing you, please take it to a lawyer because that's the only way you'll get what you deserve". A month is kind of bullshit here, I think, given that I'm certain you'll have to sign something saying you won't take any further legal action in return.
It may get worked out that the settlement gets paid to your lawyer who makes sure it's accurate and then pays you out minus their cut, or goes after them if they short you or drag their feet or try tagging on some shenanigans after the fact, which the presence alone of the lawyer will prevent for the most part. This is not a scam or anything, as long as their amount is agreed upon and signed off on by you ahead of time.
posted by Lyn Never at 11:27 AM on March 9, 2017 [15 favorites]
Holy shit. I just got laid off under good circumstances and I got more severance than you.
I'm sorry this happened to you. When I need a lawyer for something I ask for a referral from the lawyer who handled my divorce, since she is in the same jurisdiction and is well-connected. Do you have any family or friends that used a lawyer they like (divorce, estate, anything)? Have them ask that person for a referral to an employment lawyer. They can briefly explain the situation without naming you, the company, or the specifics of the harassment. If you cannot handle phone calls right now, then have your friend/family member set up an appointment for a consultation.
If no one knows a lawyer, then contact the bar association in your county listed in the first link (or just google "[county] bar association").
posted by AFABulous at 11:35 AM on March 9, 2017 [2 favorites]
I'm sorry this happened to you. When I need a lawyer for something I ask for a referral from the lawyer who handled my divorce, since she is in the same jurisdiction and is well-connected. Do you have any family or friends that used a lawyer they like (divorce, estate, anything)? Have them ask that person for a referral to an employment lawyer. They can briefly explain the situation without naming you, the company, or the specifics of the harassment. If you cannot handle phone calls right now, then have your friend/family member set up an appointment for a consultation.
If no one knows a lawyer, then contact the bar association in your county listed in the first link (or just google "[county] bar association").
posted by AFABulous at 11:35 AM on March 9, 2017 [2 favorites]
Also, it's my understanding that an employment lawyer will generally charge you a percentage of your negotiated severance, so you might not need to worry too much about paying.
One month severance when they acknowledge that they are at fault is NOT MUCH. People get one month of severance when they're laid off for business reasons.
I don't have any recs for employment lawyers in your area, but you might want to try looking on LinkedIn if you're use it at all - it might be less scary to contact someone who's a contact of a contact. And then just send them an email saying what you said here (with maybe a little more detail, but if it's easier to just cut and paste what you've already written I think that's fine!).
posted by mskyle at 11:35 AM on March 9, 2017 [3 favorites]
One month severance when they acknowledge that they are at fault is NOT MUCH. People get one month of severance when they're laid off for business reasons.
I don't have any recs for employment lawyers in your area, but you might want to try looking on LinkedIn if you're use it at all - it might be less scary to contact someone who's a contact of a contact. And then just send them an email saying what you said here (with maybe a little more detail, but if it's easier to just cut and paste what you've already written I think that's fine!).
posted by mskyle at 11:35 AM on March 9, 2017 [3 favorites]
Agreed that you're being offered a very poor settlement. For one thing, please stop thinking of your paid time off as part of the settlement - it isn't, as you'd have gotten that regardless of whether your claim was upheld or not. If you're feeling guilty about fighting for more money think of it as fighting for a bigger incentive for the company to make sure this doesn't happen to anyone else in future.
posted by hazyjane at 11:51 AM on March 9, 2017 [4 favorites]
posted by hazyjane at 11:51 AM on March 9, 2017 [4 favorites]
See, the thing is, the company that offered you this settlement is probably banking on the fact that you just want this to be over and that hiring a lawyer has your insides all knotted up.
Don't let them take advantage of this. They are offering you a settlement for a reason, namely that you have some form of leverage that you can use. So use it.
It sounds like they were pretty alright with investigating and confirming your harassment, which is great, and hopefully they won't really try to drag you through the fire if you try to get a better settlement, but the fact of the matter is that you do deserve a better one.
Find a layer with experience in this field and good references, hire them, and sit back. A part of a lawyer's job is to absorb all of the stress so that you don't have to.
posted by Fister Roboto at 12:01 PM on March 9, 2017 [3 favorites]
Don't let them take advantage of this. They are offering you a settlement for a reason, namely that you have some form of leverage that you can use. So use it.
It sounds like they were pretty alright with investigating and confirming your harassment, which is great, and hopefully they won't really try to drag you through the fire if you try to get a better settlement, but the fact of the matter is that you do deserve a better one.
Find a layer with experience in this field and good references, hire them, and sit back. A part of a lawyer's job is to absorb all of the stress so that you don't have to.
posted by Fister Roboto at 12:01 PM on March 9, 2017 [3 favorites]
Yeah, building off of Fister Roboto's last sentence, once you give this over to a lawyer, you should never have to talk to anyone at your former company again. So some upfront anxiety (contacting a lawyer) will have the longer term benefit of offloading the emotional work onto your lawyer. (Which is not emotional to them, thus they can do a better job of negotiating.)
posted by AFABulous at 12:12 PM on March 9, 2017 [4 favorites]
posted by AFABulous at 12:12 PM on March 9, 2017 [4 favorites]
The only way I would accept this is if you already have an equivalent or better job lined up, and you just want to be done with it. What if you can't find another job for a year? You'll be taking a huge financial hit.
posted by 445supermag at 12:24 PM on March 9, 2017 [4 favorites]
posted by 445supermag at 12:24 PM on March 9, 2017 [4 favorites]
I have the same anxiety around lawyers, accountants, etc and it kept me from dealing with some "life stuff" (not the same I know). I booked a meeting with the lawyer, and meeting them one-on-one, knowing they're in my corner, felt really good once I was in the meeting. It's going to be easier than you think, they're on your side working towards your goals.
posted by dripdripdrop at 12:33 PM on March 9, 2017 [1 favorite]
posted by dripdripdrop at 12:33 PM on March 9, 2017 [1 favorite]
One month severance in a situation where the investigation showed them at fault for sexual harassment is laughable. Really. Like mouth-open guffaws. Please don't think that taking this offer is going to make you feel like it's "over with". It's a deliberately lowball opening offer, not meant to be taken seriously - at least in my state it wouldn't be - and taking it would eventually make you feel even more hard done by than you have been.
A lawyer's job is to deal with these folks so you don't have to. It won't be hard. You just call up a plaintiff side employment lawyer - Martindale.com is another resource, look for AV or BV rated folks - and tell them the situation.
posted by fingersandtoes at 1:09 PM on March 9, 2017 [1 favorite]
A lawyer's job is to deal with these folks so you don't have to. It won't be hard. You just call up a plaintiff side employment lawyer - Martindale.com is another resource, look for AV or BV rated folks - and tell them the situation.
posted by fingersandtoes at 1:09 PM on March 9, 2017 [1 favorite]
I recently had to find a lawyer (or attorney -- there's not actually a difference) for a landlord/tenant dispute so I know it is super hard to even figure out where to start. Your county probably has some kind of lawyers referral service, perhaps through the Bar Association or the NLG.
Keep in mind that hiring a lawyer is not the same as embarking on a "big court battle" -- it just means that someone with experience who isn't overwhelmed and triggered, can take the time to say "hey, listen, my client is going to need more than this from you." and they can make the case and cite legal precedent and negotiate on your behalf. And they'll come back to you with options, probably something like "this is what they're willing to agree to, do you want to accept that or sue them?"
Also, though: yeah. A month is nothing, paid leave while they investigated doesn't even remotely begin to count.
posted by amandabee at 1:18 PM on March 9, 2017
Keep in mind that hiring a lawyer is not the same as embarking on a "big court battle" -- it just means that someone with experience who isn't overwhelmed and triggered, can take the time to say "hey, listen, my client is going to need more than this from you." and they can make the case and cite legal precedent and negotiate on your behalf. And they'll come back to you with options, probably something like "this is what they're willing to agree to, do you want to accept that or sue them?"
Also, though: yeah. A month is nothing, paid leave while they investigated doesn't even remotely begin to count.
posted by amandabee at 1:18 PM on March 9, 2017
I work for a State Bar. We have a great lawyer referral service that lets you talk to a lawyer for $35. This would be well worth the money for you.
Find the state bar for your state and see if they offer something similar. Or if you live in Oregon, let me know and I'll give you details.
posted by tacodave at 3:47 PM on March 9, 2017 [2 favorites]
Find the state bar for your state and see if they offer something similar. Or if you live in Oregon, let me know and I'll give you details.
posted by tacodave at 3:47 PM on March 9, 2017 [2 favorites]
They broke the law and all they have to do is give you a month's salary. No. Just no. More money and definitely continued health care coverage, as others have said. I've gotten more on both these fronts on a layoff, where no laws were broken.
it seems like you could get some good advice from Seattle's Office of Civil Rights.
Most attorneys should give you a low cost initial consultation.
posted by brookeb at 5:10 PM on March 9, 2017
it seems like you could get some good advice from Seattle's Office of Civil Rights.
Most attorneys should give you a low cost initial consultation.
posted by brookeb at 5:10 PM on March 9, 2017
I'm a lawyer, but this is not my area at all.
So, general advice: Do you know anybody who has used a lawyer that they liked? Get a referral. If that's the wrong type of lawyer, but a friend thinks they're good, then get a referral from that lawyer (or ask your friend to help). Lawyers are generally happy to give referrals and are likely to know who's good, so if you can identify a lawyer that seems trustworthy but is in the wrong field, they may be able to point you to one that's suitable for you.
If you don't know anybody who you'd be comfortable asking, I second the advice to contact the state bar association.
When you first make the call, explain briefly what happened and concretely what you're looking for: "I need a severance package and settlement contract reviewed. I was sexually harassed at work. My company investigated and admitted [how - email, in-person meeting?] that I was sexually harassed. I told them I no longer wanted to work there due to the harassment. They have offered me a severance package of one month's salary and have asked me to sign a contract."
Then ask the lawyer:
- Do you offer a free initial visit so I can explain further?
- What is your hourly rate?
- Can you give me a rough estimate for how many hours you think this would take or how much it would cost?
- Can you tell me about your experience with this type of case?
If you're working with a good lawyer, they will be very straightforward and will explain things to you at whatever level you need. If you are working with a bad lawyer, you will not understand a word they say, they will not be interested in explaining, and you will feel condescended to and possibly taken advantage of. So if you're not getting straight answers, talk to a different lawyer.
I have no idea what rates are like in your area. Around where I live, my guess is that you'd probably be looking at around $200-350/hour. My guess is also that the amount of money the lawyer will save you will more than pay for their fee.
The lawyer will ask you to sign a standard engagement letter with information about fees and other administrative stuff.
Once hired, the lawyer would (1) look over the contract and package (about half an hour of work for an experienced lawyer), (2) discuss it with you (probably another hour), and potentially (3) negotiate with the company on your behalf. In fact, #3 might get you the most bang for your buck because you could have all dealings with your company about this go through your lawyer and you wouldn't have to talk to the company about the matter directly.
If you absolutely cannot stomach the idea of going to a lawyer, go back to your company and say you'll only sign in exchange for a year's salary with full benefits. Keep in mind that the contract probably says something about how you will not only never be able to sue about this, but you'll keep your mouth shut about the entire matter and agree not to say anything negative about the company or your harasser.
posted by chickenmagazine at 6:05 PM on March 9, 2017 [7 favorites]
So, general advice: Do you know anybody who has used a lawyer that they liked? Get a referral. If that's the wrong type of lawyer, but a friend thinks they're good, then get a referral from that lawyer (or ask your friend to help). Lawyers are generally happy to give referrals and are likely to know who's good, so if you can identify a lawyer that seems trustworthy but is in the wrong field, they may be able to point you to one that's suitable for you.
If you don't know anybody who you'd be comfortable asking, I second the advice to contact the state bar association.
When you first make the call, explain briefly what happened and concretely what you're looking for: "I need a severance package and settlement contract reviewed. I was sexually harassed at work. My company investigated and admitted [how - email, in-person meeting?] that I was sexually harassed. I told them I no longer wanted to work there due to the harassment. They have offered me a severance package of one month's salary and have asked me to sign a contract."
Then ask the lawyer:
- Do you offer a free initial visit so I can explain further?
- What is your hourly rate?
- Can you give me a rough estimate for how many hours you think this would take or how much it would cost?
- Can you tell me about your experience with this type of case?
If you're working with a good lawyer, they will be very straightforward and will explain things to you at whatever level you need. If you are working with a bad lawyer, you will not understand a word they say, they will not be interested in explaining, and you will feel condescended to and possibly taken advantage of. So if you're not getting straight answers, talk to a different lawyer.
I have no idea what rates are like in your area. Around where I live, my guess is that you'd probably be looking at around $200-350/hour. My guess is also that the amount of money the lawyer will save you will more than pay for their fee.
The lawyer will ask you to sign a standard engagement letter with information about fees and other administrative stuff.
Once hired, the lawyer would (1) look over the contract and package (about half an hour of work for an experienced lawyer), (2) discuss it with you (probably another hour), and potentially (3) negotiate with the company on your behalf. In fact, #3 might get you the most bang for your buck because you could have all dealings with your company about this go through your lawyer and you wouldn't have to talk to the company about the matter directly.
If you absolutely cannot stomach the idea of going to a lawyer, go back to your company and say you'll only sign in exchange for a year's salary with full benefits. Keep in mind that the contract probably says something about how you will not only never be able to sue about this, but you'll keep your mouth shut about the entire matter and agree not to say anything negative about the company or your harasser.
posted by chickenmagazine at 6:05 PM on March 9, 2017 [7 favorites]
I hired an employment lawyer to look over a severance package. Then I hired her to write some letters. It cost me a bit ($1200+.) She managed to increase my severance package considerably, to where the fee didn't hurt at all. And that was just a normal layoff.
This may have been a special case but she was on a maternity 'leave' and...I never once met her in person. We did all the business over the phone, via email, and via mail/courier. It was pretty painless. I found her through a former colleague.
Whatever you do is fine, but I'll say...I'm not a lawyer-up kind of person and in fact dropped a suit after my daughter died because it was too much. But I am really proud of myself for having taken my own business and financial health seriously after work impacted me a lot, and because the first offer was stupidly low. I hope you feel the same way in a few months. If you have a friend who can help you, get them involved!
posted by warriorqueen at 6:24 PM on March 9, 2017
This may have been a special case but she was on a maternity 'leave' and...I never once met her in person. We did all the business over the phone, via email, and via mail/courier. It was pretty painless. I found her through a former colleague.
Whatever you do is fine, but I'll say...I'm not a lawyer-up kind of person and in fact dropped a suit after my daughter died because it was too much. But I am really proud of myself for having taken my own business and financial health seriously after work impacted me a lot, and because the first offer was stupidly low. I hope you feel the same way in a few months. If you have a friend who can help you, get them involved!
posted by warriorqueen at 6:24 PM on March 9, 2017
Nthing that their offer of one-month's severance is ludicrously low.
My partner was laid off a number of years ago under some slightly eyebrow-raising circumstances and we had a lawyer look over the terms of the severance package. It was a lot less weird than we were expecting. Get a recommendation and call them to let them know that you need some legal advice but aren't sure to what degree. Based on my experience, this is how it goes:
They will most likely spend a little time chatting with you (for free) to get a quick rundown of the situation, so that they can determine whether or not you really need legal advice at all (in your case, uh, you totally do). What they'll probably suggest is a flat-fee consultation ($50-$150?) where they look over the documents and also meet with you to give you some advice. There is a line for lawyers between legal advice and legal representation, and they'll let you know what sort of things cross that line. If, during that consultation, you two decide that actual representation is warranted, they'll talk to you about scope, expectations, and fees.
posted by desuetude at 11:13 PM on March 9, 2017 [1 favorite]
My partner was laid off a number of years ago under some slightly eyebrow-raising circumstances and we had a lawyer look over the terms of the severance package. It was a lot less weird than we were expecting. Get a recommendation and call them to let them know that you need some legal advice but aren't sure to what degree. Based on my experience, this is how it goes:
They will most likely spend a little time chatting with you (for free) to get a quick rundown of the situation, so that they can determine whether or not you really need legal advice at all (in your case, uh, you totally do). What they'll probably suggest is a flat-fee consultation ($50-$150?) where they look over the documents and also meet with you to give you some advice. There is a line for lawyers between legal advice and legal representation, and they'll let you know what sort of things cross that line. If, during that consultation, you two decide that actual representation is warranted, they'll talk to you about scope, expectations, and fees.
posted by desuetude at 11:13 PM on March 9, 2017 [1 favorite]
> If you're working with a good lawyer, they will be very straightforward and will explain things to you at whatever level you need. If you are working with a bad lawyer, you will not understand a word they say, they will not be interested in explaining, and you will feel condescended to and possibly taken advantage of. So if you're not getting straight answers, talk to a different lawyer.
Also, THIS.
posted by desuetude at 11:14 PM on March 9, 2017 [2 favorites]
Also, THIS.
posted by desuetude at 11:14 PM on March 9, 2017 [2 favorites]
Oh man, you are being seriously lowballed, according to NOLO:
Federal law places limits on how much you can be awarded in compensatory and punitive damages, depending on how big your employer is. The most you can be awarded depends on the number of employees in the company:
For employers with 15-100 employees, the limit is $50,000.
For employers with 101-200 employees, the limit is $100,000.
For employers with 201-500 employees, the limit is $200,000.
For employers with more than 500 employees, the limit is $300,000.
Your state’s laws may have different limits than federal law (or no limits at all), so you may be able to recover more in compensatory and punitive damages if you file a state claim.
Your company is praying you don't file for punitive damages. Lawyer up.
posted by yes I said yes I will Yes at 3:05 AM on March 10, 2017 [2 favorites]
Federal law places limits on how much you can be awarded in compensatory and punitive damages, depending on how big your employer is. The most you can be awarded depends on the number of employees in the company:
For employers with 15-100 employees, the limit is $50,000.
For employers with 101-200 employees, the limit is $100,000.
For employers with 201-500 employees, the limit is $200,000.
For employers with more than 500 employees, the limit is $300,000.
Your state’s laws may have different limits than federal law (or no limits at all), so you may be able to recover more in compensatory and punitive damages if you file a state claim.
Your company is praying you don't file for punitive damages. Lawyer up.
posted by yes I said yes I will Yes at 3:05 AM on March 10, 2017 [2 favorites]
Even if your anxiety is yelling at you to get it over with, sign the papers already, your feelings on this subject will not necessarily be over once you sign the paperwork. If you decide down the line that you got a bad deal, you may feel like you were victimized twice -- once by the harasser, and again by the company. It sucks that they're not offering you a fair settlement on their own, but alas, that is why we have lawyers.
Maybe make yourself a deal -- you can decide to sign the settlement at any time, but you'll at least get a professional second opinion. The lawyer may be able to get you a much more fair settlement just by making a phone call. Wouldn't that be worth checking out?
I am not a lawyer in this area but I can tell you that some of my clients tell me that they feel vindicated just by having someone stand up for them. After the anxiety about calling a lawyer is over, maybe you will have that feeling too if you have someone to stand up for you.
Good luck to you, whatever you decide.
posted by *s at 10:44 AM on March 10, 2017 [1 favorite]
Maybe make yourself a deal -- you can decide to sign the settlement at any time, but you'll at least get a professional second opinion. The lawyer may be able to get you a much more fair settlement just by making a phone call. Wouldn't that be worth checking out?
I am not a lawyer in this area but I can tell you that some of my clients tell me that they feel vindicated just by having someone stand up for them. After the anxiety about calling a lawyer is over, maybe you will have that feeling too if you have someone to stand up for you.
Good luck to you, whatever you decide.
posted by *s at 10:44 AM on March 10, 2017 [1 favorite]
IANAL, IANYL. I would hope that in addition to everything else everyone has suggested, your lawyer who I hope you will get will advocate also for your company paying for a job/career coach or vocational consultant to help you navigate finding a new position elsewhere.
posted by MonsieurBon at 11:22 AM on March 10, 2017
posted by MonsieurBon at 11:22 AM on March 10, 2017
This thread is closed to new comments.
posted by Don Pepino at 11:09 AM on March 9, 2017