Carlsbad Sexual Harassment Attorney

Sexual Harassment Lawyer in Carlsbad, CA

One day, you are simply minding your business, going about your tasks at a retail shop at The Shoppes at Carlsbad or cleaning rooms at one of the many hotels along the Pacific Coast Highway, and then it happens: a moment of sexual harassment. This could be unwanted physical contact or a joke aimed at your sex or gender. Whatever the situation, having a Carlsbad sexual harassment attorney and law firm on your side can be vital when seeking justice.

Our Carlsbad Attorneys

Raymond E.Hane III

Our Founding Attorney

Nicholas A.Hane, Esq.

Trial Counsel

Meet Our Team

At California Employment Counsel, APC, we believe that no individual should ever have to face sexual misconduct or harassment at their place of work. Carlsbad is a thriving city that is home to large biotech companies and tourism hotspots, like Legoland. However, with these vibrant and large places of employment comes a higher risk of sexual harassment occurring. We are here to offer you the legal counsel you deserve.

Examples of Carlsbad Sexual Harassment in the Workplace

Although California has many sexual harassment laws to protect workers against sexual harassment, it still occurs. With such a large and continuously growing population, these incidents are on the rise across several industries and employment sectors. In fact, one study showed that the chances of experiencing sexual harassment are 5% higher for women across the state and 10% higher for men. In Carlsbad, there are two forms sexual harassment can take, which are:

Quid Pro Quo

The phrase “quid pro quo” is Latin for “this for that,” insinuating an exchange. In the workplace, this kind of harassment occurs when an individual in a position of authority over others, such as a boss, supervisor, manager, or employer, offers certain workplace benefits in exchange for sexual favors or requests. These benefits might include a promotion, a raise, or a positive performance review.

However, the perpetrator may instead threaten you with certain kinds of workplace retaliation if the favors are not granted. This retaliation might include being fired, being demoted, suffering a negative performance review for no good reason, or being given a less-than-desirable schedule.

Disclaimer: Past case verdicts do not guarantee future case outcomes.

Hostile Work Environment

In Carlsbad, this kind of sexual harassment can occur when an individual faces continuous, severe, and pervasive hostile treatment in their workplace. This includes unwanted, offensive, or unwelcome comments or behavior of a sexual nature. This injects the topic of sex or gender into the harassment, and it can include degrading comments about your gender or sex through multiple forms of communication, such as email or social media messages.

Several specific examples of sexual harassment that can occur in your workplace include:

• Making obscene sexual gestures
• Catcalling or whistling
• Looking at an individual in a suggestive manner or “checking them out”
• Asking questions that are of a sexual nature, such as those regarding an individual’s sex life
• Giving unwanted or unwelcome shoulder massages or hugs
• Circulating sexual or otherwise inappropriate emails, images, jokes, or videos in the workplace
• Blocking the path or walkway of another individual
• Your manager or employer promising you a raise if you go out on a date with them
• Decorating an office area with sexually explicit or suggestive material

If you have suffered any of these behaviors at your Carlsbad place of work, reach out to the team at California Employment Counsel, APC. 90% of individuals who experience sexual harassment at their workplace never take the necessary formal action against the behavior, like filing a complaint or legal charge. Don’t be another statistic. Instead, work with us to hold the guilty party accountable.

What Our Clients Say

Melissa M.

Ray and Nick were an amazing team to work with during a very hard time in my life. Both worked diligently on a resolution and I am happy to say…

Angelina M.

I was lost and calling around for advice to help me with my work situations. Nick was there to help me through it all even when he wasn’t my lawyer…

Emily B.

When I first reached out to Ray and Melissa, I had been terminated from my position for complaining of sexual harassment. Immediately I knew I was in good hands with…

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Compensation in Carlsbad Sexual Harassment Claims

When an individual is subject to sexual harassment at work, they deserve compensation for the suffering they have experienced. You can hold the guilty party accountable and recover financial damages through a legal claim. In Carlsbad, these claims can be filed under the FEHA with the California Civil Rights Department. The nearest office is located in San Diego on Metropolitan Drive.

You can seek several forms of compensation in a sexual harassment claim, including the following:

• Lost wages and benefits. This can cover back pay and any other wages, salary, or benefits that were lost because of the harassment. It can also include any wages that might have been earned if you hadn’t been passed over for a promotion due to the harassment, despite being qualified for the position.
• Future earnings. In certain situations, if you were wrongly terminated because of the sexual harassment, you may be eligible to be reinstated to your position. If you are not reinstated, you could receive any future pay that you could have realistically earned.
• Pain and suffering. Even if you do not suffer any direct financial damages from the sexual harassment, you did suffer emotional distress, and you can obtain compensation for this.
• Punitive damages. Although these are not often awarded in cases, they can add a large value to your claim, should they apply. Punitive damages work to punish the liable party for any malicious acts or particularly egregious behavior.

Your attorney can pursue these forms of compensation by:

• Gathering evidence to support your claim through a thorough investigation
• Filing the paperwork for all legal claims
• Handling all the legalities so that you can focus on your own rest and recovery
• Working to protect you against any forms of retaliation
• Negotiating a settlement with the liable party

We can also litigate your sexual harassment case before a judge or jury if the need arises. If the court doesn’t see the need for compensation, we can then appeal the decision to seek a fairer outcome on your behalf.

Understanding Damages Available in a Sexual Harassment Claim

Sexual harassment doesn’t just impact your time at the office. For many victims, harassment can impact nearly every area of their life. In addition to causing emotional damages, workplace harassment can lead to serious financial repercussions that can impact you for years to come. In California, victims of workplace sexual harassment can recover several categories of damages, depending on their individual circumstances.

Economic Damages

Economic damages are awarded to compensate victims of workplace harassment for financial losses. One of the most common types of damages awarded in harassment claims is lost back pay. If you were wrongfully terminated, demoted, given reduced hours, denied a promotion, or were even forced to quit your job as a result of harassment, you may be able to recover the income you would have otherwise earned.

Sexual harassment victims can also recover damages for lost future earning capacity. In some cases, the effects of workplace harassment don’t end on your last day of work. You may be unable to find a similar job, you may fall behind in your career, or you may lose out on future opportunities for advancement. Recovering damages for loss of future earnings can help you recover what you’ve lost as a result of the harassment.

You may also be able to recover compensation for the loss of employment benefits. Benefits could include health insurance, retirement savings, stock options, bonuses, commissions, vacation days, and more.

Non-Economic Benefits 

Sexual harassment can have a serious impact on your life, but not all of the damage is calculable by lost wages. Many victims of sexual harassment suffer painful emotional consequences as a result of another person’s misconduct.

Non-economic damages may include recovery for pain and suffering. This applies to the overall impact that the sexual harassment had on your life. Workers who have been harassed on the job may feel humiliated, embarrassed, afraid, or lose confidence.

Employees can also recover for emotional distress. Many victims of sexual harassment suffer from depression, anxiety, panic attacks, difficulty sleeping, and high stress. Some victims need counseling or therapy to recover from their experiences.

Punitive Damages

In some cases, courts may award punitive damages in addition to economic and non-economic damages. Punitive damages are not meant to compensate victims of harassment. Instead, these damages are intended to punish malicious defendants.

In California, punitive damages may be awarded when the employer acts with malice, oppression, or fraud. For instance, if an employer was aware that an employee or manager was harassing multiple workers but did nothing to prevent the misconduct, the company could be liable for punitive damages. 

Employers that cover up misconduct, retaliate against victims who come forward, or purposely ignore claims even when they are aware of harassment can also face punitive damages. Claims in Carlsbad may ultimately be heard by the San Diego County Superior Court system, so retaining legal counsel familiar with the court is important.

Why Hire a Sexual Harassment Attorney

Lawyers can help you preserve important evidence, such as emails, text messages, personnel files, witness statements, performance evaluations, and any internal complaints that you have made. Lawyers know how to discover evidence of past acts as well. They also know what evidence may show a pattern of harassment, which can help prove your claim. If other employees were treated similarly, your claim can be strengthened.

Lawyers can also help you avoid facing illegal retaliation. Employers cannot retaliate against employees who file complaints of harassment or participate in investigations. However, if you suffer retaliation, you could have additional claims against your employer.

A Carlsbad sexual harassment lawyer is likely to be working with the courts and agencies that serve North San Diego County. The closest government office is the North County Regional Center in Vista. Having an attorney familiar with those local court and agency procedures, filing requirements, and litigation tactics can be very beneficial. This is why it’s important to hire a sexual harassment attorney.

Speak With a Compassionate California Sexual Harassment Lawyer Today

At California Employment Counsel, APC, we are passionate about delivering justice to our clients, whatever their experience with workplace sexual harassment has been. Let us advocate for the monetary and emotional compensation you deserve for the suffering you have sustained. Whatever your case entails, we can advocate for you. Contact our offices today to learn more and schedule an initial consultation so we can discuss the details of your case.

Carlsbad Employment Law Resources

• What Kind of Evidence Do You Need for Sexual Harassment?
• What Do You Do When Someone Is Sexually Harassing You?
• What Are the Consequences of Sexually Harassing Someone?
• What Are Sexually Harassing Examples?
• How Do You Prove You Have Been Sexually Harassed?