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If you have gone through workplace harassment, discrimination, or a hostile work environment, it’s understandable to seek justice. However, the reality is that the justice you may be seeking cannot be achieved through legal means. You cannot undo the harm caused by the harassment or discrimination, nor can you recover the time and energy spent dealing with the situation. Instead, the courts may award monetary compensation to help cover the financial losses you have incurred as a result of the discrimination.
There is no definite answer to this question since each harassment case is unique. However, this article will provide insights into what you need to win a discrimination case and the different types of damages that you may receive. It is important to note that the value of your case may vary and seeking the advice of an experienced employment attorney can help you understand the worth of your case.
Typically, monetary compensation, referred to as “damages,” may include lost wages (back pay), reinstatement (returning to your job), front pay (compensation if you are unable to return to your job), and attorney fees and costs. If your case is successful in federal court, you may also receive compensatory damages (for pain and suffering) and punitive damages (to punish the employer). More details on these types of damages are provided later in this article.
It is essential to keep in mind that most discrimination cases are resolved outside of court. Parties can opt for mediation or informal settlements through email exchanges and phone calls. Hiring an experienced employment attorney to assist you during negotiations can help increase the likelihood of a favorable settlement.
According to the Texas Penal Code, if you contact someone through a phone call, written letter, or email with the intention of intimidating, humiliating, bothering, or causing them distress, it is considered harassment. If you engage in specific behaviors such as soliciting or describing sexual acts, threatening harm to the person or their family, falsely reporting serious injury or death of a third party, repeatedly calling or sending emails, you may be charged with harassment.
Harassment is categorized as a Class B misdemeanor, which can lead to a fine of up to $2,000 and a maximum of 180 days in a county jail. If you have a previous conviction for harassment, it becomes a Class A misdemeanor that can result in up to a year in county jail and/or a fine of up to $4,000.
It is likely that you could be granted probation if convicted, as is the case with most misdemeanors.
The maximum amount that can be recovered for a workplace harassment lawsuit is limited to $300,000 due to damage limits.
Typically, a harassment lawsuit settles for an average amount of $50,000.
Act now for a free consultation from our top-rated legal team to discuss any rights or compensation that you may be entitled.
We will fight to get the maximum compensation owed to you for your injuries and losses.
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In the event that you succeed in a settlement or court case against your employer, the compensation you may receive will consist of the following components:
If your employer’s discriminatory actions have led to the loss of your salary, benefits, bonuses, or any other payment related to your work, a portion of your compensation will be determined to account for these losses.
If you are able to demonstrate that you have experienced trauma as a result of harassment, you may be awarded compensation that can be used to cover expenses related to counseling or therapy. Alternatively, you may receive an ex gratia payment intended to assist you in your recovery.
It is unfair for you to face financial consequences for filing a workplace harassment complaint, and therefore, you are entitled to reimbursement for your attorney’s fees, court costs, and any other expenses that are associated with your case.
In severe situations, your employer might be required to compensate you for damages as a penalty for their actions.
If an employee decides to sue, it is likely that settlement negotiations will occur, possibly resulting in larger sums of money. In Texas, the average settlement for workplace harassment lawsuits falls within the $35,000 to $40,000 range, but many cases settle for less than that amount. Cases that settle for more typically have passed summary judgment and are headed for trial.
During the discovery phase, settlements in the $35,000 to $40,000 range are often reached because both sides have a better idea of the evidence that each possesses, and can weigh the likelihood of success at trial and the associated costs.
Online resources may suggest higher settlement amounts for workplace harassment lawsuits, such as an average of $75,000 or employer costs exceeding $100,000 to defend against such claims. However, many of these resources come from insurance companies that aim to sell coverage to employers. These figures may reflect data that includes class action lawsuits involving multiple plaintiffs and employment lawyers, which can drive up costs.
Data from the EEOC on settlements may also be misleading since they tend to take only the strongest cases to trial, often resulting in larger settlements. Therefore, their averages may not reflect the majority of workplace harassment cases that settle for less.
Lawsuits related to workplace harassment are highly specialized, and without the assistance of a lawyer who specializes in this area, it can be challenging to pursue your claims effectively. This could result in difficulty in accurately assessing the value of your claims and achieving a fair settlement.
It is advisable to have a workplace harassment lawyer involved in the early stages of your complaint to the Equal Employment Opportunity Commission (EEOC). This will ensure that you present the strongest possible complaint and avoid limiting your chances of receiving compensation for the harm caused by your employer.
It is important to keep in mind that if you win the case, you may be able to recover attorney’s fees, which can help alleviate the financial burden of hiring professional representation.
Act now for a free consultation from our top-rated legal team to discuss any rights or compensation that you may be entitled.
We will fight to get the maximum compensation owed to you for your injuries and losses.
Complete The Form Or Call – (888) 306-4555
Accusing someone of workplace harassment is not equivalent to substantiating the allegation. To prove your case, you must possess evidence.
If you are facing harassment at work, the best action is to document everything. For instance, if a colleague makes an inappropriate comment, record the incident by documenting what was said, the individuals present, and the date and time. You should repeat this process whenever you experience any form of harassment and take photos or screenshots if offensive materials are being circulated or posted on office message boards.
It’s essential to note details of conversations when you report the harassment to your supervisor, and if possible, acquire a written response. This step demonstrates that you brought the issue to the management’s attention as early as possible.
Witness statements are also critical in workplace harassment cases, and if your coworkers can provide signed affidavits regarding what they observed or heard, it may support your case.
Lastly, when you suspect that you have experienced illegal harassment, you should contact an experienced employment lawyer immediately to discuss how to proceed.
If you have been a victim of workplace harassment, you may be unsure about the value of your case. Our team of knowledgeable lawyers at Workplace Harassment Texas can assist you in determining the value of your claim by assessing the different types of damages you may be eligible for, such as lost wages, emotional suffering, and punitive damages.
We recognize that each case is distinct, and our attorneys will collaborate with you to comprehend the specific facts of your situation to provide an accurate evaluation of your case’s worth. With our legal experience, we can aid you in recovering the maximum compensation feasible for your losses.
At Workplace Harassment Texas, we acknowledge the negative impact that harassment can have on an individual’s life, and we are committed to ensuring that justice is served. Contact us today for a no-cost consultation to find out how we can assist you in comprehending the worth of your workplace harassment case and defending your rights.
Act now for a free consultation from our top-rated legal team to discuss any rights or compensation that you may be entitled.
We will fight to get the maximum compensation owed to you for your injuries and losses.
Complete The Form Or Call – (888) 306-4555
If you have been harassed at work in Texas, or if you were compelled to leave your job because of severe and continual workplace harassment, contact Workplace Harassment Lawyers of Texas right away.
Our experienced Workplace harassment lawyers can assess the situation and recommend your best options for moving forward. You might be able to file a workplace discrimination claim against your employer for missed pay, benefits, and other monetary damages.
If you’d like to talk with us and ask questions specific to your case, call us at (888) 306-4555 for a free case evaluation.
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