Quit Job Because of Sexual Harassment. Can I Still File A Claim?


Sexual harassment in the workplace can take its toll. When it becomes overwhelming and you are in a hostile work environment, you may decide it is time to end your relationship with that employer and move on. Your employer must adhere to federal and state laws, so if you have been the victim of sexual harassment in the workplace, they do have requirements regardless of whether you quit your job or stay.

You can pursue a claim against your employer if you have been the victim of sexual harassment. If you have quit your job because of the harassment, odds are it was an ongoing or continuous problem. When you have suffered sexual harassment, you should report the problem and your employer has the responsibility to address it. Just a one-time incident will most likely not be considered as harassment, but if it is an ongoing or recurring problem, then a pattern exists.

You should keep any emails, messages, texts, photos, or try to get digital images to support your claim. Ask any witnesses to provide written statements that will help you throughout the claims process. The more evidence and details that you have, the more likely you are to have a successful claim against your employer.

Filing A Sexual Harassment Claim After You Quit

If you have been the victim of sexual harassment in the workplace, you have a limited time to pursue a claim against your employer. Usually, you are limited to 180 days from the date of the incident to file a claim. You should consult with an employment law attorney before you quit your job, but if you have already quit, then you should still meet with a lawyer and go over your options.

When you quit your job because it has become a hostile work environment and you are being subjected to harassment and/or discrimination, you will suffer lost wages, lost benefits, mental anguish, and more. You will need to keep track of your losses, and an attorney will help you calculate the value of your claim. With the help of a lawyer, you will be able to determine how much you have incurred in damages because of the harassment you endured at the job.

How Long Do I Have To File A Claim?

Every kind of claim has a time limit, which is called a statute of limitations. The Fair Labor Standards Act (FLSA) gives workers 180 days from the time of the incident to take action against their employer. If you wait longer than 180 days to file a sexual harassment claim, your claim will be denied, and you cannot recover compensation for your losses. State laws may also apply to your situation, so you will need to consult with an employment law attorney who is familiar with the state and federal laws that apply to your case.

In some cases, there could be an extension of the 180 days provided federally if there are applicable state laws. However, you should not take that for granted. Instead, be sure to act and get your claim underway quickly because time is of the essence. You should maintain supporting evidence and documentation for your claim, so you can show that you were the victim of sexual harassment and that you have evidence to support your claim.

How An Employment Law Attorney Can Help

If you have suffered from sexual harassment in the workplace, you should talk with an attorney who handles employment law matters in your state. If you have already quit your job, you should still speak with an attorney and determine the best way to proceed in your specific situation. A lawyer will be familiar with all the applicable laws and will determine the best way to proceed with your specific case.

After reviewing the details of your situation and gathering pertinent information, your attorney will determine the best way to proceed with your claim and will help you gather supporting evidence and documentation. With the help of an attorney, you are much more likely to recoup compensation for your damages.

When you speak with an employment law attorney, be sure to go over their payment and when and how they expect to be paid. Some sexual harassment lawyers require a retainer be paid upfront while others will work on a contingency basis, and not require payment until you have won your claim and recovered compensation. Time is of the essence, so complete the Free Case Evaluation Form on this page today.

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