Texas Sexual Harassment Lawyer

With Law Offices in El Paso

The workplace can be stressful, no matter what field you’re in. Workplace stress should never result from sexual harassment, however. If you have been put in the position of putting up with sexual harassment to keep your job, it’s time to reach out for help.

If you’re reading this, you may be suffering from sexual harassment at work. You may be anxious and stressed by having to face the situation day after day to earn your paycheck. You’re probably worried that if you speak up, you’ll lose your job. And, you’re probably searching for someone to give you answers about a sexual harassment claim.

We are here to help. Our firm offers free legal consultations. Call our Texas sexual harassment lawyer today to schedule your free legal consultation.

The information that you’ll find below will help you understand your sexual harassment claim. First, we’ll point out mistakes to avoid so you don’t damage your claim. Then, we’ll share a client story to help you further understand a sexual harassment claim. Make sure you read to the end to gain as much information as possible.

Common Personal Injury Claim Mistake

Unfortunately, there are a number of ways people can harm their sexual harassment claims. Please review the mistakes listed below to prevent you from doing the same.

Not Documenting the Harassment

In order to bring a suit, you will need proof of what you’re experiencing. Keep detailed, dated notes of unwanted advances, quid pro quo requests, even off-color jokes. If you receive any harassing emails or text messages, keep them.

 Not Speaking Up

There are a few reasons a person may not speak up about sexual harassment. Sometimes, they’re intimidated. They fear if they “make waves,” things will get even worse; they may even lose their job.

Others remain silent because they are in denial. This is not uncommon when men are the ones being harassed. And some people are ashamed and wonder if they will somehow be accused of bringing the harassment upon themselves.

No one should have to endure unwanted advances just to bring home a paycheck. Sexual harassment can happen to both men and women. If you are working in a sexually hostile environment, it’s important to hire a trial attorney experienced in employment law to help protect your rights. We will give you guidance on how to report sexual harassment, not only internally but to the Equal Employment Opportunity Commission (EEOC).

Turning to Friends and Loved Ones for Advice

Your family and friends may want to help, but they likely lack experience and won’t know the best way to put a stop to the harassment while protecting your job and your rights. In addition, there are times when your family may actually discourage you from speaking up, out of fear that you’ll be fired. This may lead them to suggest you may be “blowing things out of proportion” and should just ignore or avoid the offender.

Don’t allow other people to give you advice that feels wrong. When you are being harassed at work, you have three choices. You can ignore it, you can quit, or you can report it. If you are interested in resolving the problem, keeping your job, and possibly receiving compensation for the damages you’ve suffered, it’s crucial to hire an experienced Texas sexual harassment trial attorney.

Moving Forward Without an Attorney

Employment law can be complicated. It is never a good idea to approach your employer without the support of an experienced attorney. You have rights under federal employment law, and we will aggressively protect those rights while guiding you through the process of filing a claim with the EEOC in addition to notifying your employer.

Hiring the Wrong Attorney

It’s a mistake to assume that all lawyers can get you equal results in your claim. Like the medical field, the law profession has numerous practice areas in which a lawyer can specialize. You wouldn’t go to an oncologist when you needed a neurologist. Make sure your lawyer is an experienced sexual harassment trial attorney. The trial component is important, in case you need to go to trial to protect your rights and fight for compensation. Our Texas sexual harassment attorneys have extensive experience in these cases and a long and successful track record.

Texas Sexual Harassment Client Story

 We are sharing the story that follows to give you additional background on sexual harassment cases. Be sure to read it through; though the names and details have been edited to protect our client’s privacy, the value of the information remains.

On a hot summer morning in El Paso not so long ago, Marissa Hernandez sat at her desk in a cold sweat, trying to calm herself. She involuntarily jumped when her boss suddenly burst out of his office door. She could hear his footsteps approaching from behind and unconsciously pulled her sweater off the back of her chair and over her shoulders, covering her bare arms.

When the boss didn’t speak, Marissa was tempted to turn, uncomfortable at feeling his presence behind her. She kept her face toward her computer screen, trying to act casual as his reflection grew in the glare of her monitor.

Then his hands were on her shoulders from behind, warm and clammy, kneading the area between neck and shoulder on either side. Marissa startled and tried to pull forward, but he held her in place, squeezing tight.

“Relax,” he said quietly into her ear. “Why so tense?” He kept working her shoulders. Marissa froze and turned inward, willing him to stop.

Then he pulled her sweater off her shoulders. “You’re sweating; you definitely don’t need this,” he said, returning the cardigan to the back of her chair. “Besides, you’re wearing my favorite blouse.”

Marissa jumped to her feet. Muttering that she needed to run to the ladies’ room, she edged around the man, who refused to back up to let her pass. She was forced to brush against his thick gut to escape as he fixed her with an oily smile.

“Why are you taking your purse to the ladies room?” The boss called after her. “You camping out?”

We met Marissa that day during her lunch break. She looked exhausted. Dark circles triumphed over the makeup beneath her eyes. She told us anxiety had kept her from a solid night’s sleep for the past four months. It was clear she was under a tremendous amount of strain.

Is it worth it to file a sexual harassment claim?

 As she sat down, Marissa self-consciously crossed her arms in front of her. “To be honest, I don’t even know what I’m doing here,” she said nervously.

“I mean, can I even file a sexual harassment lawsuit? He’s just a big windbag. I was promoted into the finance department less than six months ago. Who’s going to even believe me?”

“Marissa, you shouldn’t have to navigate some sort of ‘sexual gauntlet’ just to put food on the table and pay the bills,” our lawyer said.

“Everyone deserves an environment they can work in without being afraid or hampered by harassment and discrimination. The Equal Employment Opportunity Commission, or EEOC, exists to enforce federal laws about workplace discrimination. You deserve justice and equality in the workplace.

“We can help you approach your employer the right way to protect your rights. And it sounds like it’s also a good time to seek support through the EEOC. This is best accomplished with the help of an experienced employment lawyer. We have what it takes to help you file a strong employment discrimination lawsuit.

“It’s clear that your rights, as well as your physical and emotional wellbeing, are in jeopardy in your current situation. We have the experience to help you find out if you’re entitled to economic and non-economic damages. You may also be eligible for punitive damages.

“We will fight to protect your rights. We’ll help you bring an end to the harassment while guarding against wrongful termination. 

“Have you been keeping a record of the harassment?” The lawyer asked.

“Yes, I’ve been making entries into Evernote. Dates, times, places, what he said, when he touched me,” Marissa answered, her voice cracking.

“Good, make sure you note everything, including emails and texts. Even record any off-color jokes he tells in your presence.”

“That counts, too?” Marissa asked. “I’ve told him his jokes are inappropriate, but he doesn’t take me seriously. He just laughs and says, ‘You know it’s funny.’”

“If it makes you uncomfortable, definitely record it, and note each time you’ve asked him not to do it. You have the right to a harassment-free, innuendo-free workplace,” said the lawyer. “Did you report his behavior to anyone?”

“I spoke to another VP of Finance who discovered me crying in the ladies’ room last month. She works in the downtown division, and said she’d make some ‘theoretical’ inquires with Human Resources without using my name.

“A week later, she sent me an email suggesting I speak to someone in HR myself. I figured I could come in for a consultation and maybe you could tell me if that’s the best way to handle it. I’m just really uncomfortable making waves.

“I’ve started taking unpaid sick days because I’m too stressed and anxious to do my job,” Marissa was crying now in frustration. “You know, he even came to me last week and hinted he was willing move up my eligibility date for sick pay? He said I could, ‘work it off.’

“I spent my ‘sick’ days trying to sleep and looking for a new job. But the truth is, I love my job, I just can’t handle the harassment any longer,” Marissa said, twisting her hands together, knuckles white.

“I know I can’t go on like this, but I’m afraid I’ll make it worse by becoming a ‘whistleblower.’”

What if nothing changes, or the harassment gets worse?

 “What if I file a claim and nothing changes?” she continued. What if he gets angry and makes my life even more miserable?

“You know, he actually followed me home one night last week. I was walking home after leaving the company gym and I saw his car at the curb. I pretended I didn’t notice him and ducked into a Starbucks a block away. Figured I could drink a latte and wait him out.

“Next thing I know, he walks through the door and up to the counter. I pretended to take a call and left while he was ordering, but twenty minutes later, my apartment buzzer sounded. I didn’t answer it,” Marissa said.

“Did you see him?”

“No, but I know it was him. He’s getting creepier by the day; it’s like he lives in this fantasy world in which I’m in love with him.

“But he only makes overtures in the office when no one else is looking. It will be my word against the Vice President of Finance,” Marissa said forlornly. “I feel like I’m losing my mind.”

“You were right to come to us, our lawyer said. “You cannot assume this is a problem that will go away on its own.

“We can provide you with guidance and support throughout the process of bringing a suit, Marissa. And we’ll give you the aggressive representation you need to defend your rights and obtain justice.

“Keep those records and be vigilant,” said the lawyer. “I strongly recommend you move forward as soon as possible. If necessary, there’s always a restraining order to consider.”

“I think I’m okay now on that; my boyfriend has pretty much moved in since the ‘Starbucks Incident,’ as we’ve come to call it. He wants to protect me, but I can’t have him picking a fight with my boss, either.”

What if they fire me? Will I eligible to collect unemployment?

 “What if he retaliates? What if he fires me and tries to ruin my reputation?” Marissa asked, her voice beginning to rise in panic.

 “Marissa, you are protected under federal employment law. By hiring an attorney, you stand the best chance of protecting both your reputation and your rights, and preventing the company from wrongfully terminating you.

Our firm has experience in all types of wrongful termination cases, including sexual harassment. If the company should make the mistake of wrongfully terminating you, we stand ready to guide you in protecting your rights. And, if you’ve lost pay or will lose pay due to the harassment, you may be entitled to monetary compensation in the form of economic damages.

“Would I be able to collect unemployment?” Marissa asked.

“That would depend on the specific circumstances of your termination: whether you were in fact fired or you quit. If for example, you were coerced into resigning instead of being fired, we’ll guide you in getting the best possible outcome.”

Marissa was satisfied with the information she got in her free consultation and retained our firm. Today, we are happy to say we were able to stop the harassment. Her supervisor was reprimanded, and Marissa agreed to a transfer the downtown division at the same pay. She was also awarded compensation for damages.

Call Our Texas Sexual Harassment Lawyer Today

We hope this has given you a good overview of your sexual harassment claim. Of course, no two cases are exactly alike, so please give our Texas sexual harassment lawyers a call as soon as you’re able and schedule your free legal consultation. You don’t have to try to navigate fighting sexual harassment alone. Call and let us guide you.