A harassment lawyer can work to achieve your desired outcome in the case. This could mean settling the case or fighting it in court.
Harassment involves repeated unwanted behavior that annoys or alarms the victim. It is usually a civil issue but can become criminal.
Your attorney will want to know if you followed your employer’s procedures for reporting harassment or other violations. They may also ask you if you saved emails or kept other records.
Workplace Harassment
In the workplace, people are impacted by harassment in many ways. It can lead to mental health issues including stress, anxiety and depression, it can lead to physical ailments such as high blood pressure or obesity, and it can affect a person’s self-esteem and confidence. Harassment can also financially impact a person. They might have to pay for legal fees, medical expenses and loss of income.
For workplace harassment to be unlawful, it must include one of the protected classes (e.g., race, age, sex) and be severe enough or pervasive enough to affect a person’s ability to work. For example, a coworker’s yelling or an email they send on a weekly basis that makes jokes about baby boomers might be considered harassment.
Employers can be held liable for harassment by supervisors that results in adverse employment action, such as termination or denial of a promotion. They can also be held liable for harassment if they knew about it and failed to take prompt and effective corrective measures.
Home Harassment
If someone tries to force you out of your home, intimidates you or threatens violence, it could be civil harassment. Landlords can be liable for this type of behavior if they have a pattern of harassing tenants. This could include verbal abuse, a lack of maintenance, bad smells or refusing to fix sewage problems.
It can also be considered harassment if a neighbor follows you on public transportation or in your neighborhood. Harassment by phone can include threatening or angry calls, late-night hang-ups and text messages. If the person has a history of serious threats, they may be charged with second degree aggravated harassment.
It can be difficult to discern whether behavior is harassment or domestic violence, but any actions that occur over a period of time should be taken seriously. A lawyer can help you determine the best course of action to take and may be able to get a civil or restraining order against the person if necessary.
Sexual Harassment
When a person is being harassed, it’s important that they document the unwanted behavior. While it may be tempting to delete or throw away a text, email, or voicemail that is offensive, this type of evidence can be used in a future lawsuit.
Sexual harassment is illegal and can be committed by anyone, not just a boss or coworker. It also does not have to be a specific gender, although the most common cases are males harassing females.
People who are being harassed often experience significant psychological distress, stress, anxiety and depression. These feelings can lead to health issues, such as obesity, high blood pressure and even heart problems. It is extremely important for people who are experiencing this type of discrimination to speak out and contact a lawyer as soon as possible. They may be able to file a claim against their employer and receive financial compensation. This may include damages for any monetary losses caused by the harassment.
Criminal Harassment
Criminal harassment cases are different from those in civil court because the prosecuting attorney has a duty to prove guilt beyond a reasonable doubt. While a court may sentence you to probation and/or fines, the judge will also likely issue a protection order requiring that you do not contact the alleged victim.
Many harassment cases start in civil court where annoying, unwanted communications lead the alleged victim to seek a civil protection order (different states use different terms for this). In some cases, this leads to criminal charges, particularly if the alleged harassing behavior is accompanied by physical contact or a threat of violence.
If you face harassment charges, it is important to have a New York City criminal defense lawyer at your side. Your legal team will attack the case in a variety of ways depending on the theory pursued by law enforcement. We will seek to collect evidence that casts reasonable doubt on the prosecution’s proof of guilt.