What are my options if I am too scared to file a harassment claim?

What are my options if I am too scared to file a harassment claim?

What scares you about filing a harassment claim? Are you afraid you will be terminated, moved to a different office location, threatened, treated differently, or switched to a lower-paying role? In the current economy, workers will be less inclined to risk their job. As the cost-of-living increases, employees need consistent cash flow. The current economic downturn should not influence your decision to take legal action for experiencing harassment at the workplace.

An employee should never be afraid of pursuing their legal rights. The law has guaranteed that employees are protected when they want to resolve an issue they’ve been experiencing at the workplace. If the employer punishes the employee in response to the employee exercising their legal rights, it is legally defined as workplace retaliation or reprisal. Whether the harassment claim was filed against your employer or someone else, your employer cannot legally react in this manner.

Even though it is against the law to be punished for seeking help, it is understandable that filing a harassment claim is daunting because it puts the complainant in a vulnerable position. The employee undergoing harassment must now challenge a matter that isn’t work related, but extremely personal.

How can an employee respond?

The first thing an employee can do is document each inappropriate encounter they’ve had with the harasser and collect evidence that has accumulated over time. As the employee records all the occurrences on paper, it may be easier to both see the severity of the situation and seek help.

If the employee isn’t sure how they want to respond to the issue, their best option is to pursue legal advice. First, the lawyers can confirm whether the actions are legally characterized as harassment. This confirmation can sometimes be the validation an employee needs to feel secure with filing a claim. KCY at LAW can also help the employee formulate each actionable step and create alternate solutions if things don’t go as planned. The lawyers know the procedures and what the court will expect from the complainant in any case. KCY at LAW can help file a harassment claim, ensure an investigation has commenced, file a claim if the employer engages in workplace retaliation, draft negotiations etc.

If you already resigned from your position because of the harassment and inaction to a report you filed at the workplace, there is a chance you could file a constructive dismissal claim. KCY at LAW can help file this type of claim and take the necessary actions for you to receive the compensation you deserve.

If you have experienced harassment at the workplace, please contact KCY at LAW by filling in an online consultation request or contact us by phone at 905-639-0999 to book your consultation today.