Ask a Sexual Harassment Lawyer: If the Company Offers Me a Settlement, Should I Take It?
If you’ve been offered a settlement after sexual harassment in the workplace, you should still consult a sexual harassment lawyer in Kansas City. Talk to them about your case, and let them evaluate the settlement compared to the damages you may be entitled to. Sometimes the settlement you’ve offered may not be enough to cover your damages.
Ask a Sexual Harassment Lawyer in Kansas City: If the Company Offers Me a Settlement, Should I Take It?
Never accept a settlement your company offers you without first consulting a sexual harassment attorney. Click this link to learn more about everything a discrimination and harassment attorney can do for you.
Your attorney will look at the settlement offer, take your situation into account, and compare your case to others they’ve worked on. They may find that the settlement you’ve been offered isn’t enough to cover your damages, and therefore, they’ll suggest you pursue the matter further.
What If I Don’t Have Enough Evidence to Pursue the Matter Further?
If there doesn’t seem to be enough evidence to help you win a larger settlement, then your attorney may suggest you take the settlement that you’ve been offered. However, if your attorney believes you may be able to acquire more evidence, then they may take on the case and attempt to build it. What your attorney will suggest varies greatly depending on your situation.
What Kind of Damages Might I Win?
1. Backpay
If you were terminated or demoted because you reported sexual harassment in the workplace, then you can receive any income you would’ve earned had the termination or demotion not occurred. Your former employer may even have to continue paying your monthly salary while you seek a new position. Backpay covers all unpaid salary, bonuses, and other payments your company owes you.
2. Reinstatement of Previous Position
If you were terminated after reporting sexual harassment or because you refused to engage in sexual conduct, then your former position may be reinstated. However, you’re under no obligation to return. If you wish to continue working at the company but begin searching for a position after you return to work, then this is also an option if your previous position is reinstated.
3. Emotional Damages
Your attorney can help you calculate how much you may be entitled to in emotional damages. This can help you deal with the emotional distress or even PTSD you may have after what you experienced at work.
4. Punitive Damages
Your harasser may be ordered to pay punitive damages. These are damages intended to punish the person who harassed you. How much you may be awarded in punitive damages can vary, and they’ll be paid alongside the rest of your settlement.
5. Your Attorney’s Fees
In some cases, your former employer may be ordered to pay your legal fees. Speak to your attorney about whether this is likely for your case.
6. Medical Fees
In extreme cases, you may need to seek medical treatment after harassment in the workplace. If this applies to your case, then you’ll typically be reimbursed for any medical fees you had to pay.
Is There a Limit on How Much I Can Win?
Damages for sexual harassment cases in the workplace can be substantial, depending on the severity of your case. However, there’s a federal cap of $300,000 on the full value of the damages you could win.
How Can an Attorney Help Me with My Case?
1. Gathering Evidence
Your attorney can speak to witnesses, compile any video or written evidence you have of the harassment, access footage from security cameras, and more to help you gather evidence for your case. Gathering more evidence of how the situation impacted you and building a stronger case can significantly increase your chances of winning a larger settlement.
2. Presenting Evidence
Your attorney will present evidence to your employers and their insurance company to show why you’re entitled to a larger settlement, if applicable. If your case goes to court, then they also present the evidence there.
3. Negotiating
Sometimes it takes some negotiating to get the insurance company to offer you a settlement adequate to cover your damages. Your attorney is knowledgeable in how to negotiate with insurance companies, giving you the best chance possible of receiving a larger settlement offer.
4. Going to Court
As stated earlier, your attorney can help you if your case needs to go to court. Most cases won’t need to enter the courtroom, but your attorney is always prepared for the possibility that yours might. Always work with an attorney who has courtroom experience, just in case.
Consult an attorney if you’ve been offered a settlement in a workplace sexual harassment case. They can advise you on whether or not to accept the settlement or pursue a larger one.