We turn up to work with the expectation of fair and professional treatment. Unfortunately, some workers endure the anguish of a hostile work environment (HWE), in which they are bullied and harassed by their co-workers and/or supervisors. Workplace harassment can take the form of name-calling, inappropriate jokes, derogatory comments about one’s looks, and the usage of slurs or culturally insensitive terms. There are non-verbal forms of workplace abuse as well, like displaying racially insensitive images and signs or making offensive gestures that target a specific individual.
You do not have to suffer in silence if you are experiencing this type of work environment. The law allows you to take action against your employer, which includes suing them for monetary compensation. However, there are steps you need to take before you can file a lawsuit. Perhaps you’ve taken those steps already and were forced to file a lawsuit when there was no resolution to your complaint.
In that case, you may be wondering how long you’ll have to wait before your case is settled. We will attempt to answer this question as best as we can, but truthfully, there is no average length of time that applies to every hostile work environment case. Much of this is based on factors we can’t control, like your employer’s cooperation and the time it takes to hear back from certain agencies. But we can give you an idea of the time and work involved in a HWE lawsuit, which will at least prepare you for what to expect.
But just in case you’re starting the legal process and haven’t talked to an attorney yet, let’s start with a brief overview of what counts as a hostile work environment.
What is a Hostile Work Environment?
Many of us have dealt with uncomfortable situations at work that may be described as “hostile.” However, the legal definition of a hostile work environment is fairly specific. In order to sue your employer for HWE, you would have to show 1) that you were repeatedly abused and/or harassed; 2) the abuse or harassment was based on discriminatory factors; and 3) the behavior from the abusive parties negatively impacted your ability to work.
Discrimination is the most important factor in these cases, meaning you were harassed on the basis of a protected characteristic, according to California’s hostile work environment laws. These characteristics include:
- Your gender / gender identity
- Race / ethnicity / ancestry
- Religion/ cultural practices
- Medical condition, including pregnancy
- Physical or mental disability
- Marital status
- Age
- Sexual orientation
- Military / veteran status
Along with establishing discrimination, you must show that the HWE was severe or pervasive enough to inhibit your ability to work. This can be challenging to prove and is often disputed by employers, who accuse the victim of being inept or lazy at their job. The lawyers of California Labor Law Employment Attorneys Group can help you fight back against these claims and bring you the justice you deserve.
Average Length of Time to Settle a Hostile Workplace Environment Lawsuit
As we stated, there is no universal timeline for resolving a case of hostile workplace environment. But experience has shown us that the higher the case value, the longer it will take to litigate. Two or more years is not an unreasonable timeline for these cases, while small value cases may settle within the first few months.
One reason big value cases take so long is the employer’s reluctance to pay that amount. They will fight to chip away at the sum and hope that you buckle under the pressure. These claims also include extremely sensitive issues that the employer does not want to be associated with. For them, paying you the compensation you asked for is a silent admission of guilt, and the more serious the accusations, the more damage it can do to their reputation.
We also have to think about the legal process for a HWE claim, which cannot become a lawsuit right away. In the next section, we will talk about the steps you need to take prior to filing a lawsuit.
Steps You Must Take Before You Can File a Lawsuit
Talk to an HR representative.
Make sure to tell them about every incident of bullying or harassment so that they understand the gravity of your situation. The Human Resources department at your workplace must take certain steps to investigate and resolve your complaint. If your case goes to trial later on, this will show the jury that you attempted to settle the matter privately.
Start gathering evidence.
While you wait for HR to get back to you, start collecting evidence that shows the abuse you’ve endured. This can include photos, videos, emails, and audio recordings. Witness statements are helpful as well, if there are people who witnessed the incidents of harassment.
- F
ile a complaint with a government agency.
If HR fails to resolve the problem, you’ll need to file a report with California’s Department of Fair Employment and Housing, or with the federal government’s Equal Employment Opportunity Commission. This step is crucial, since you need approval from either agency in order to file a lawsuit for hostile work environment.
Make sure you stay quiet about these actions and keep a low profile at work. Anything that gets back to your employer can be used by them as evidence if your case goes to trial.
Speak to an attorney about filing a lawsuit.
Once your case is approved for litigation, you can finally proceed with a formal lawsuit. However, it is possible that your case may be settled by this time, since going to court is expensive and time-consuming for all the involved parties.
We highly recommend speaking with an attorney before you accept a settlement offer from your employer. Frankly, it’s difficult for victims to understand and calculate the full extent of their damages. Employers know this and typically offer the lowest amount they can get away. An experienced lawyer can see through these tactics and fight for a fair settlement award on your behalf.
To ensure that you are not cheated out the compensation you deserve, call the attorneys of California Labor Law Employment Attorneys Group.
How Much Can I Receive in Compensation?
As with case timelines, compensation amounts vary depending on factors that are unique to your case. The national average payment for hostile work environment lawsuits is around $50,000. Many of these cases are settled privately within the first few months of a complaint. But as we mentioned, more serious level of harassment merit more compensation. Those cases often go to trial, and that can dramatically affect the amount of money you ask for.
For one thing, you may be able to ask for punitive damages if your case of HWE was especially outrageous and harmful. There’s no cap on punitive damages in California, and this has resulted in multi-million dollar settlements for certain types of HWE cases. Our lawyers can explain punitive damages and the other types of compensation that may be available to you. Even if you’re working with an attorney, it can be helpful to talk about this with another lawyer. In fact, many of our clients throughout the years have come to us because they felt like their attorney’s calculations were too low. They sought us out for for a second opinion and we were more than happy to provide them with a free case review. If you find yourself in a similar situation, please schedule a free consultation with one of our attorneys.
Why is My Lawyer Taking So Long to Settle My Case?
Lack of communication is another reason clients come to us from other law firms. They know their case won’t be resolved overnight, but is it normal for a lawyer to not get back to you for weeks at a time, maybe even months?
In all fairness, long waiting times are typical during a hostile work environment case. Government agencies and court systems are overloaded with claims, sometimes thousands at a time. So it’s not unreasonable that months could go by before you hear back from any of these entities. Large employers with many locations can be slow with responses as well, considering the number of HR complaints they’re dealing with at any given time.
Even with these delays, attorneys should maintain consistent contact with their clients. Our lawyers do their best to update clients on a regular basis, even if it’s to say there’s been no progress since the last time they spoke. Some lawyers think such calls are useless, but we respectfully disagree. At California Labor Law Employment Attorneys Group, we’ve found that clients need reassurance and encouragement throughout the lawsuit process. Even if we’re still waiting to hear back from someone, there are concerns we can address and ways to restore the client’s belief in the legal system. Clients who don’t receive this sort of treatment from their lawyers feel like they’ve been forgotten about, and rightfully so.
If you’re unhappy with the way your case is being handled, you may be wondering about your options for changing lawyers. Luckily, it’s not too late to transfer your case to another law firm. However, there are consequences you should be aware of, which we will talk about in the next section.
Can I Switch Lawyers in the Middle of a Case?
California laws allow litigants to change attorneys at any point during their lawsuit. But you should only do this after you’ve spoken with another lawyer. First, there are consequences for ending your relationship with your current attorney, which will be explained in your contract. During a free second opinion, one of our lawyers can go over these terms with you to ensure that you are fully aware of your rights. Second, your lawyer may need to be compensated for the work that they’ve done on your case so far. Figuring out this amount can be complicated if they’re working on a contingency fee basis, meaning they recover their fees when you receive your compensation award.
If you decide to transfer your case to us, we will take care of these details, along with notifying the court of your change in counsel. However, the decision to change lawyers is ultimately up to you. To ensure that you make an informed decision, contact our office and schedule a free second opinion.
Our Zero Fee Guarantee
The law guarantees your right to legal representation, but it’s no secret that many victims fight for justice on their own. Legal fees are the biggest barrier when it comes to legal advice, and that’s unconscionable to us when a client has been harmed at the hands of someone else. That’s why we’ve always made our services free as a promise under our Zero-fee guarantee. The only way we are paid is if we win your case, and if we lose your case, there is no cost to you whatsoever. We also offer free second opinions if you’re unhappy with your current law firm.
To learn more about your rights and legal options, call the offices of California Labor Law Employment Attorneys Group.
