If you have been sexually harassed in the workplace, you may be able to file a lawsuit against your harasser on the grounds of assault and/or battery. You may also be able to file a lawsuit against your employer on the grounds of wrongful/constructive dismissal or negligence, depending on the circumstances. Starting a lawsuit can be a very expensive and lengthy procedure that is not easy to navigate on your own. You do not have to be represented by a lawyer in civil court. However, this process can be very complicated, and you may wish to seek legal advice.
Compensation from a civil suit is called damages which is the sum of money the law imposes for a breach of a duty or violation of a right. Types of damages include:
In civil court, judges will hear and review all evidence and make decision based on what they see to be the best remedy. They can order any combination of the above kinds of damages.
If you want to talk to a lawyer but don’t know any, ask your friends, neighbours, a community leader, or anyone else you trust to suggest a lawyer. Ask friends who have had a similar type of legal problem. It is important to choose the right lawyer for your legal problem. The best references generally are other people who have used that lawyer. You can also look in the Yellow Pages of the telephone directory, under “Lawyers”. Lawyers and law firms in your community are listed in alphabetical order.
The Law Society website offers a list of lawyers licensed to practice in New Brunswick. Look under “Lawyer Search” on the navigation bar. You can check a lawyer’s status or search for a lawyer by city.
You do not need to commit to a lawyer after meeting with them. You can see as many lawyers as you like before you hire one. You can ask your lawyer for a consultation before committing to them. During this consultation you will provide the lawyer with details of your situation, and they will inform you what your options are.
During a consultation with a lawyer, you do the talking. Tell your story in your own way. Explain what the problem is and what you are looking for through the legal process.
The lawyer will listen and take notes. Tell your lawyer everything that happened – good and bad! A lawyer needs to know all the facts to advise you properly. Mention if you have made a complaint elsewhere, like the human rights commission.
Lawyer’s typically will charge an hourly rate and ask for a retainer (fee paid in advance to secure the lawyers services). Fees vary with each lawyer, so you should consider speaking to multiple lawyers to discuss their fee structure before your first consultation.
You can also seek the advice of a lawyer without committing to them to represent you in your legal manner. A good way to save money in the process of finding the right lawyer for you is to prepare what you would like to discuss ahead of time.
You may find our publication, You and Your Lawyer helpful for finding the right lawyer to fit your legal issue.
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If you require legal advice or are concerned about a workplace sexual harassment situation, please call a lawyer.
All employees, volunteers, students, etc. should be aware of the existence of a respectful anti-sexual harassment policy and the steps in place for resolving complaints. Employers, businesses and institutions not only have legal duties to provide an environment free of sexual harassment, but ignoring these duties could cause permanent damage to reputation and the bottom line.
