How Do I Sue Someone for Sexual Harassment in Los Angeles, California?
Before any claims or a lawsuit is filed, it is wise to work with a sexual harassment attorney, who will help you investigate your claims and identify additional related claims, witnesses, key facts that Courts look for and/or additional avenues for remedies and damages. Sometimes we come across individuals who are frustrated with the hostile work environment and out of desperation begin the process on their own. If you are intent on starting the process alone, below are some steps to take.
Research and Identify The Entity And Individuals You Are Suing
The first step in pursuing a claim is properly naming and researching all those that can be held liable for the misconduct. In some cases, you can sue your individual supervisor along with your corporate employer. Corporate employers may also be “doing business as” under a DBA, which is a fictitious name. Furthermore, although you may work at a specific location, a Corporate employer may be several entities in one or an alter ego of another.
Exhaust Administrative Remedies
In California, before you can sue an employer, you have to obtain permission to sue. This step requires you to file a Complaint with the Department of Fair Employment and Housing (“DFEH”) and obtain a Right to Sue Letter. While anyone can go on the DFEH website, set up an account, complete all fields, and obtain an immediate Right to Sue Letter, the process must be done correctly. A legally deficient DFEH Complaint may bar you from bringing all claims and seeking all applicable remedies in your lawsuit. Moreover, if you are suing a government entity, additional steps apply that require additional forms. We recommend that you retain an experienced sexual harassment lawyer to help you with these steps.
File a Sexual Harassment Lawsuit in a Court of Proper Jurisdiction
Once you’ve exhausted your administrative remedies, you have to prepare a Complaint to file in Court. If a Complaint is not properly prepared, it will be kicked and your lawsuit may result in a dismissal for failure to follow proper procedures and/or plead your claims. Just as any other claim, a cause of action for sexual harassment, is made up of elements. Elements are like ingredients in a cake. If you do not have facts that satisfy just one of the elements of the claim, then you cannot properly plead the claim and ask for relief. You also want to try to file in a favorable venue where possible.
Serve all Named Defendants
After the Court receives your Complaints, it waits for you to serve all named Defendants and to notify the Court that you have done so. There are rules and regulations that have to be complied with to effectuate service on a Defendant and you have alternatives if one or more Defendant is evading service.
Let a Sexual Harassment Lawyer at Employee Rights Attorney Group Do the Work for You
We accept cases on a contingency basis, meaning we do not get paid for our fees unless we prevail. We understand that you cannot afford to pay for a lawyer when you are facing the prospect of losing your job. Your sexual harassment attorney will do all the necessary work to ensure that your lawsuit is properly filed in a way that sets you up for a good outcome. Your role as the client is to keep us informed and respond to our inquires and questions because you are the fact holder. We are partners throughout the process and are here to give you the confidence and resources you need to proceed. Contact us today for a free and confidential consultation.