In early ages harassment charges usually apply on harassing conversations, verbally or over the phone. But in current era, different new medium of communication including emails, communication on social networking sites like Facebook, Instagram, twitter and even text messages are also covers under harassment law in most of the cases. But we have to be very precise about understanding the meaning of harassment. Let us first discuss about the violent crimes, it is very important to know about the crimes that are known as violent internationally and it is vital to file a case in court for these crimes. Following crimes are considered as violent crimes:
- Murder and Manslaughter
- Assault or Mayhem
- Robbery and Burglary
- Kidnapping and False Imprisonment
- Rape or Sex Offense
- Domestic Violence
What is legally considered harassment?
Harassment is a common issue in the present age. There are many employees who have complained about the problem. It is not only the sexual harassment that employees have to deal with. There are many employees who are harassed in different ways. Some of them are verbally harassed because of their style, some of the deal with racism and there are various other types of harassment that employees are suffering from. In the past, most employees did not get a solution and they had to leave the job to get rid of harassment. However, the rules and regulation are changed and employees will get the rights against harassment. That is why the employees are not eligible to sue their employer or boss for workplace harassment. However, it is important to know that you can only sue them on some strong grounds otherwise you might not be able to have the decision made in your favor and that will lead to various other problems. Here we have a complete guideline related to when and how you can sue to boss or employer.
Types of Harassment Charges
There are various grounds on which you will have the authority to sue your employer. Here we have mentioned some of the cases in which you sue the employer.
The employer is not treating you properly and they are unfavorable because of your race, gender, age, religion, national origin and physical disability.
Sexual harassment Charges:
It is the most common reason for which you should sue the employer. There is a various form of sexual harassment like they are making some wrong comments, forcing you to be in a relationship with them or touching you in an inappropriate way.
Physical harassment Charges:
You can sue the employer for personal injury. It is the case in which you have been injured in the workplace but the employer is not ready to take any actions to compensate you for the injury even when you were not at fault.
Another aspect is if you have noticed the wrongdoings in the company and it is your right to sue the employer if he is not ready to follow the required methods to improve the processes and control the crime that has been happening in the workplace.
Hostile environment Charges:
You can sue the employer for creating a hostile environment in which you had to suffer from harassment and discrimination and no one is ready to help you out with the process.
How to file a harassment Charges complaint
It is important for you to know that when you have to sue your employer you should be ready for the consequence that you will have to face. That is why it is better that you follow the legal process because that is the only way you can increase your chances of winning the case. Here we have the process that you have to follow in this case.
Talk to authorities
Before you can file the case it is better that you talk to higher authorities. There are some companies that have strict policies against harassment. It means that even if the employer has been caught taking advantage of the employee, he will have to suffer from serious punishment. There are chances that when you will talk to the authorities they will take actions and your problem will be resolved. However, if you have noticed that they are not responding and there is no one listing to you in the company it is better that you take the case to the court.
Review the employment contract
It is essential that you review the entire employment contract before you file the case. The reason is that some of the companies have special policies related to grievance case. It means that your problems will be resolved with the company. You have to apply that technique as well even when you know that the authorities are not responding to your letter. Once you will document the information that you have tried every possible way of resolving the problem within the company it will make your case stronger and you will be able to get the results that you need.
How to prove harassment in court
One of the most important tasks that you have to consider doing before you visit the court is collecting all the evidence. If you will not have any reliable evidence you will not be able to win the case. That is why you have to record how the employers are harassing you. Take help from your friends who are working in the company to help you record everything. Keep all the documents in the same place because that is the only way you will be able to prove that you have been harassed in the company.
Collect the evidence:
The main thing which support your case is evidence. Try to collect as much as evidence as you can because the stronger the evidence the more powerful your case will be. The evidence can be a taped phone call, text messages, photographs or anyone who is witness of the incident could be the strongest evidence of your case. Never go to the court without an evidence, the court needs strong evidences to take a decision on your case. You can also consult with your lawyer and show these evidences to him before proceeding to the court.
Harassment charges lawyer
A common mistake most people make is not hiring a reliable lawyer only to save money. They will try to handle the case on their own and that is why they will lose the case. Once you will have an experienced lawyer by your side he/she will give you a complete guideline related to how you have to file your case, evidence that you have to present and make your case stronger for you to assure that you will never lose. They know which evidence should be used in the beginning and which one should be used at the end because that is the only way cases are won.
They will prepare you for your case in court. They will teach you how and when you have to talk as well as how you have to answer all the questions because that is the only way you will be able to win the case.
File the case and assure that you keep a copy of all evidence that you have as well as do not disclose your witness because that might create issues for both of you. Hire the best lawyer in the industry because he can provide you with complete guidance that you need.