Sexual assault in the workplace is a devastating experience that can have lasting emotional, psychological, and professional impacts. Victims often feel powerless, especially when the perpetrator is in a position of authority. Unfortunately, workplace sexual assault can sometimes lead to retaliation, including wrongful termination.
In such cases, employees have the right to seek justice and hold their employer accountable for both the assault and any unjust employment actions that follow. If you have been wrongfully terminated after reporting or resisting sexual assault in the workplace, it is essential to understand your legal rights and consult with experienced attorneys for wrongfully fired employees who can advocate on your behalf.
What Constitutes Sexual Assault in the Workplace?
Sexual assault in the workplace can involve unwanted physical contact, threats, or attempts to engage in sexual activities against a person’s will. This conduct can range from inappropriate touching to sexual harassment and even more egregious acts like rape.
Regardless of the severity, any form of sexual assault in the workplace is illegal and violates federal and California employment laws. The behavior can come from supervisors, coworkers, or even clients, and victims have the right to report the assault and seek protection under the law.
Legal Protections for Victims of Workplace Sexual Assault
Victims of workplace sexual assault are protected by both federal and state laws:
- Title VII of the Civil Rights Act of 1964 prohibits sexual harassment and assault in the workplace and requires employers to maintain a safe work environment.
- In California, the Fair Employment and Housing Act (FEHA) provides even broader protections for employees.
These laws make it illegal for employers to retaliate against an employee for reporting sexual assault or harassment. If you have been fired because you reported a sexual assault, you are likely facing a case of wrongful termination.
Many employees who speak out against sexual misconduct are unjustly punished for trying to protect themselves, leading to job loss, demotions, or other forms of workplace retaliation. Consulting with attorneys for wrongfully fired employees is crucial in these situations, as they can help you navigate the legal process and hold your employer accountable for violating your rights.
Wrongful Termination Following Workplace Sexual Assault
Wrongful termination can follow the reporting of sexual assault in the workplace. When an employee reports the assault to human resources, their supervisor, or law enforcement, some employers may react by punishing the victim instead of addressing the misconduct.
In California, it is illegal for an employer to retaliate against an employee for reporting workplace sexual assault or participating in an investigation of such incidents. If you have been dismissed after standing up against a sexual assault, you have the right to pursue legal action for wrongful firing.
An experienced attorney for wrongfully fired employees can help you understand the complexities of wrongful termination law. They will:
- Investigate the circumstances of your firing
- Review the evidence of retaliation
- Assist in filing a claim against your employer
Legal action can result in compensation for lost wages, emotional distress, and, in some cases, punitive damages against the employer for its misconduct.
Steps to Take if You Have Been Assaulted in the Workplace
If you are a victim of workplace sexual assault, it is critical to take the following steps to protect your rights:
- Document the incident: Keep detailed records of the sexual assault, including dates, times, locations, and any witnesses. Document any conversations or actions that occurred after you reported the incident, including any negative employment actions.
- Report the sexual assault to your employer: Typically, through human resources or a direct supervisor. Ensure the report is made in writing, and keep copies for your records. Under both state and federal laws, your employer is obligated to investigate the matter.
- Consult with experienced attorneys for wrongfully fired employees: If you suspect your employer is retaliating against you or if you have already been terminated. A lawyer will evaluate your case, protect your rights, and help you pursue justice.
- File a legal claim against your employer: If you have been wrongfully fired, you may be entitled to compensation for lost wages, damages for emotional suffering, and other legal remedies.
The Role of Attorneys in Wrongful Termination Cases Involving Sexual Assault
Attorneys play a critical role in ensuring that victims of workplace sexual assault receive the justice they deserve. These lawyers understand the emotional toll that sexual assault can take and are equipped to handle the legal complexities that often arise when filing wrongful termination claims.
Your attorney will:
- Gather evidence to build a strong case, including witness testimony, documents, and any other relevant information that supports your claim of retaliation.
- Negotiate with your employer and represent your interests in court if necessary.
Some cases of wrongful termination due to sexual assault are settled outside of court, but having an experienced attorney on your side helps to ensure that you receive a fair settlement and that your employer is held accountable.
Conclusion
Workplace sexual assault is a serious violation of an employee’s rights, and no one should face job loss or retaliation for standing up against such misconduct. If you have been subjected to wrongful dismissal because you reported a sexual assault, it is important to understand your rights under the law.
By working with experienced attorneys for wrongfully fired employees, you can take action to protect your career and seek justice for the harm you’ve endured.
At Akopyan Law Firm, A.P.C., we are committed to advocating for employees who have experienced sexual assault and subsequent wrongful termination. We understand the challenges victims face and are dedicated to ensuring that those responsible are held accountable. Contact us today to discuss your case and learn more about how we can help you pursue justice for wrongful termination following workplace sexual assault.