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  1. #1

    Default Retaliation After Reporting Sexual Harassment in California

    My question involves labor and employment law for the state of: California

    I work for one of the big 4 accounting firms. I was one of the top performers in the group when one of my subordinates came to me and complained about one of the senior managers sexually harassing her. I reported it to my boss who told me not to report it to HR and that he will take care of it. Within a few weeks, my subordinate and I both received negative evaluations from the harasser and then from my boss (the partner). I then wrote an email to HR complaining about harassment and retaliation. The retaliation then only got worse. I have had Client projects taken away from me, given administrative work, denied promotion, reduced raises and bonuses, isolation at work, exclusion from meetings etc.

    I have all the emails from the harasser with sexually explicit jokes/pictures, emails to and from HR regarding harassment, retaliation and hostile work environment as well as positive performance feedback before the complaint and negative feedback immediately following the complaint, emails from my boss planning to put me on a Performance improvement plan within 3-4 weeks of my going to HR. The harasser was eventually let go from the firm but my boss who is very close to him got him a job across the street and he comes to our office floor with his friends even now. I have complained to HR requesting a transfer as I am scared for my safety but I have been told that it is not the firm's responsibility to transfer me. I am currently on medical leave due to post traumatic stress disorder. I have filed a complaint with the EEOC and the last call with HR was last week in which I was told I can either stay on long term disability leave and bide my time or sign a termination agreement with 11 weeks’ pay. Per the EEOC, this is an on going retaliation case (2 years) and last act of retaliation was in March 2012.

    I have contacted a few lawyers but wanted some advice on what are my options. I am still employed by the firm and have 4 months after which per company policy they will have to let me go if I don't go back. The lawyers I saw have told me that they would start with a demand letter and try to get me a better termination agreement but they all want 30% of the agreement and costs plus a retainer (of as much as $5,000). The retaliation has been ongoing since then and I have all the emails to HR where I complained about the retaliation, the hostile work environment and some confidential emails from my boss to try to lay me off after I went to HR (the office of the general council did not approve). Can someone tell me what are the costs associated with getting a settlement from the Company in such a matter. Also is there any way I can negotiate for a lower fee or a different fee structure? The hourly fee for one of the attorney's was $750 per hour so I am little scared to ask for an hourly rate arrangement only.

    Thanks for any advice...am really lost in this matter!

  2. #2

    Default Re: Retaliation After Reporting Sexual Harassment in California

    I would respectfully suggest you keep shopping for an attorney to represent your interests here. While the $5,000 retainer fee plus 30% contingency recovery arrangement appears facially reasonable, you may find an equally capable local attorney willing to take on your case with a lower retainer fee and a higher contingency rate.

    You can also seek to negotiate a better deal with the firm referenced in your post. The retainer fee and the contingency rate may be negotiable. Again, if you seek to pay a lower retainer fee in negotiations, you will likely have to agree to a higher rate.

    With respect to costs, these expenses will vary depending largely on how long your case is litigated. If the case is settled shortly with you receiving a better severance agreement, then the costs would likely be negligible (e.g., Xeroxing, postage). In contrast, if your case goes to trial, the related expenses (e.g., deposition transcripts; filing fees) could easily total thousands or tens of thousands of dollars.

    In addition, it would behoove you to do a little research on Title VII and the California anti-discrimination statute prior to your next discussion with potential counsel. During your research, you will want to read about the attorney’s fee provisions provided under these statutes. The possible impact of these attorney’s fee provisions may affect your thinking about the contours of your retainer agreement.

    FWIW, your post suggests that you have a solid retaliation claim. IMHO, you definitely want to have private counsel on board as soon as possible to assist you in obtaining the best outcome possible.

  3. #3

    Default Re: Retaliation After Reporting Sexual Harassment in California

    Thanks so much for your informative reply. I really appreciate the advice.

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