Sexual harassment lawsuits are one of the most complex types of lawsuits you can file. They’re emotionally charged and multifaceted, so it takes a highly experienced sexual harassment lawyer to help you build and win your case. Some circumstances can complicate the case even further.
Can You File a Sexual Harassment Lawsuit Against Somebody Who Was Fired?
An exceedingly high number of people experience workplace sexual harassment. Employment lawyers are often brought on to help you build a case. If you were sexually harassed at work, then it’s usually your employer that you sue, not the co-worker who harassed you. This is because it’s the employer who’s responsible for taking action and ensuring no sexual harassment takes place within the company.
If your employer fired the person who sexually harassed you because of the harassment, then you don’t have a case against your employer. However, you may still feel scorned and want justice, so you should start looking for Kansas City sexual harassment lawyers to help you with your case and explore your options, particularly if it took your employer a long time to fire the harasser.
What If the Person Who Harassed Me Was Fired for a Different Reason?
If the person who sexually harassed you was fired, but they weren’t fired because of the sexual harassment, then you may still have a case against your workplace. Did you report this person to human resources, and did you let your employer know what was going on? If so, then you can take legal action against your employer on the grounds that they didn’t do anything to directly stop the sexual harassment that occurred.
The harasser and employer will be able to give the honest reason for the harasser’s termination. It may also be on their record at the company; your case will be stronger if it is. If the harasser was fired for a totally unrelated incident—such as failure to do their job, embezzlement, or something else—then it shows that your employer did not take the proper steps to put an end to the harassment at work. Your attorney can help you build a case based on this.
Can I Open a Civil Case Against the Individual Who Harassed Me?
If the person who sexually harassed you was fired due to their harassment, then you can still take action against them outside of the workplace. This person has caused you a great deal of emotional distress, and they may even have caused physical harm depending on the severity of what they’ve done to you. You deserve compensation for these things.
You will need to file a civil lawsuit against the individual who harassed you. Sexual harassment attorneys help clients with these lawsuits all the time, so finding the right lawyer is vital.
What Does My Sexual Harassment Lawyer Need to Begin Building My Case?
If the sexual harassment occurred largely at work, then you can speak to your co-workers who may have witnessed the incidents. They can provide your lawyer with statements backing up your claims. If any of your co-workers were also harassed by this individual, then they can mention this, too.
You should also try to provide your lawyer with as much physical evidence as possible. If the harassment was caught on camera, then try to get the footage. If it came in the form of inappropriate messages or emails, then take screenshots of these communications and print out copies of them. If the harasser was fired for their harassment, then your employer and the human resources team at work can also make a statement against them.
3 Examples of Compensation You Can Win in a Sexual Harassment Lawsuit
1. Emotional Damages
Workplace sexual harassment leaves 31% of people with anxiety or depression after the fact. You can be reimbursed for any psychotherapy you had to undergo to help ease the mental burden. However, you don’t need to have had mental health treatment to be compensated for your emotional damages.
2. Medical Treatment
If the sexual harassment extended to sexual assault, then you may have been left with injuries from the incident. You can be reimbursed for your medical bills or any other medical measures you had to take after the assault.
3. Lost Income
If the person who harassed you was fired, then your lawsuit isn’t directly related to your employment. However, if you had to take time off work due to your emotional or physical wounds, then you can still be reimbursed for that lost income. Your sexual harassment attorney may contact one of their colleagues who deals in employment-related cases for advice.
If your workplace sexual harasser was fired, then it certainly can change how you approach your case. However, if you work with the right lawyer, then you most certainly still have a case and can win compensation and justice. Provide your attorney with your side of the story in as much detail as possible, and they’ll take the appropriate action to build your case.