The reality is stark: As many as 85% of female employees report sexual harassment in the workplace. If you're working an hourly job in retail, food service, or commission-based roles in sales, you're particularly vulnerable. These environments often create power imbalances where supervisors may feel emboldened to cross boundaries, knowing that hourly employees depend on their shifts and tips to survive.
Consider Maria, a server at a restaurant chain, whose manager began making sexual comments about her uniform and "accidentally" brushing against her while she counted her tips.
Or think about Jennifer, a retail associate whose department supervisor started texting her inappropriate messages and threatened to cut her hours when she didn't respond favorably.
These aren't isolated incidents—they're patterns that the right legal representation can help you address effectively.
The lawyer you choose will determine whether you receive fair compensation for what you've endured, whether you're protected from retaliation, and whether your case sends a message that this behavior won't be tolerated.
In this guide:
Maximizing your compensation: When you're living paycheck to paycheck, the financial impact of sexual harassment extends far beyond the emotional trauma. The right attorney understands this reality and will fight to ensure you're compensated for every aspect of your suffering.
Identifying all available damages (lost wages, emotional distress, and punitive damages): Your lawyer should recognize that as an hourly worker, missed shifts due to harassment-related stress represent real financial hardship. Lost wages include regular pay, overtime, tips, commissions, and bonuses you would have earned. Emotional distress damages compensate you for the anxiety, depression, humiliation, and trauma you've experienced.
Take Sarah, a department store employee who started calling in sick regularly after her supervisor's persistent advances made her physically nauseous. Her attorney calculated not just her lost wages, but also the overtime opportunities she missed and the commission on sales she couldn't make.
Negotiating fair settlements vs. going to trial: An experienced attorney will honestly assess whether settlement or trial serves your best interests. Settlements can provide faster resolution and guaranteed compensation, which may be crucial if you're struggling financially. However, some cases demand the public accountability that only a trial can provide.
Understanding the true value of your case: Many harassment victims, particularly those in lower-wage positions, underestimate their case. Your attorney should help you understand that your suffering has worth, regardless of your salary level. The calculation isn't just about your current wages—it's about the full impact harassment has had on your life, career prospects, and well-being.
Protecting against retaliation: Unfortunately, retaliation is common, especially in workplaces where managers have significant control over scheduling and assignments. Your attorney's role in protecting you begins the moment you reach out for help.
New Jersey law prohibits retaliation against employees who report harassment or participate in investigations. Your attorney should immediately document your work situation—your typical schedule, performance reviews, and any disciplinary actions—to establish a baseline for identifying retaliation.
Consider Lisa, a hotel housekeeper whose hours were suddenly cut from full-time to part-time after she reported her supervisor's unwanted touching. Her attorney had documented her previous schedule and performance, making the retaliation obvious and actionable.
Ensuring employer compliance with anti-retaliation laws: Your attorney should communicate directly with your employer about anti-retaliation protections and monitor your workplace situation throughout the legal process. This includes ensuring you're not subjected to schedule manipulation, unfair disciplinary actions, or hostile treatment from coworkers who may have been influenced by management.
A skilled attorney will carefully evaluate your situation using established legal frameworks. They'll determine whether your experiences constitute quid pro quo harassment (where employment benefits are conditioned on sexual favors) or hostile work environment harassment (where unwelcome conduct creates an intimidating workplace).
Identifying all potential legal theories: Your case may involve multiple legal theories beyond basic harassment claims. These might include discrimination based on sex, pregnancy, or other protected characteristics, wage and hour violations if harassment affected your pay, or intentional infliction of emotional distress.
Developing a comprehensive litigation strategy: Your attorney should develop a strategy tailored to your specific workplace and industry. Restaurant workers face different challenges than retail employees, and commission-based salespeople have unique vulnerabilities that require specialized approaches.
Securing documentation before it's destroyed: Time is critical in harassment cases. Security footage gets overwritten, computer files are deleted, and memories fade. Your attorney should immediately send preservation letters to your employer, demanding that they preserve all relevant evidence.
Think about Rachel, a call center employee whose supervisor sent inappropriate text messages. Her attorney immediately requested preservation of her phone records, computer logs showing when her supervisor accessed her workstation, and any security footage of their interactions.
Interviewing witnesses and gathering testimony: Your coworkers may have witnessed harassment or experienced it themselves, but they might be afraid to speak up while still employed. An experienced attorney knows how to approach potential witnesses professionally and compassionately, often uncovering patterns of behavior that strengthen your case significantly.
Working with investigators and expert witnesses: Complex cases may require private investigators to uncover additional evidence or expert witnesses to explain the psychological impact of harassment. Your attorney should have relationships with qualified professionals who can strengthen your case.
Settlement negotiations with opposing counsel: Most harassment cases settle before trial, but achieving fair compensation requires skilled negotiation. Your attorney should understand the true value of your case and refuse inadequate offers while keeping you informed throughout the process.
Courtroom representation and trial advocacy: If your case goes to trial, you need an attorney who can effectively present your story to a jury. This requires not just legal knowledge, but the ability to help jurors understand the impact harassment has had on your life and work.
Employment law is highly specialized, and sexual harassment cases require specific expertise. An attorney who primarily handles personal injury or criminal cases may not understand the nuances of workplace harassment law or the unique challenges faced by hourly workers.
Look for an attorney who regularly handles sexual harassment cases and can discuss recent developments in the law. They should understand how harassment manifests differently across industries and be familiar with the specific challenges in your field.
Track record of successful outcomes: Ask potential attorneys about their recent sexual harassment cases and outcomes. While past results don't guarantee future success, an attorney with a history of securing fair settlements and trial victories demonstrates competence and commitment.
Knowledge of NJ state-specific laws and procedures: New Jersey's anti-discrimination laws provide broader protections than federal law in many areas. Your attorney should understand these differences and know how to leverage state law advantages. They should also be familiar with local courts, judges, and opposing counsel, which can provide strategic advantages.
Empathy and compassion: Sexual harassment cases are deeply personal, and you need an attorney who understands the emotional impact of what you've experienced. The right attorney will treat you as a whole person, not just a case file.
During your consultation, pay attention to how the attorney responds to your story. Do they seem genuinely concerned about your well-being? Do they ask about how the harassment has affected your life beyond work? Do they explain legal concepts in ways you can understand?
Consider how Deborah felt when she met with an attorney who immediately began discussing legal strategy without acknowledging the trauma she'd experienced.
Compare that to her experience with another attorney who began by saying, "What you've been through is serious, and you deserve to be treated with dignity. Let's talk about how we can make sure this stops and gets you the justice you deserve."
3Responsiveness to client needs and questions: You shouldn't have to wonder what's happening with your case. Your attorney should return calls promptly, explain developments as they occur, and make time to address your concerns. Remember, you're likely dealing with ongoing workplace stress while managing the legal process—you need an attorney who understands this pressure.
Sexual harassment cases require significant time, resources, and expertise. Attorneys who quote unusually low fees may be cutting corners that ultimately hurt your case. They might rush through discovery, fail to identify all potential defendants, or lack the trial experience needed to secure fair compensation.
Think of your attorney as an investment in your future. An experienced attorney may charge higher fees but could secure compensation that far exceeds the difference in cost. More importantly, they're more likely to achieve an outcome that truly addresses the harm you've suffered.
An inexperienced attorney learning employment law on your case may make costly mistakes that can't be undone. They might miss filing deadlines, fail to preserve crucial evidence, or accept inadequate settlement offers because they don't understand your case's true value.
Selecting a general practice attorney: Employment law changes rapidly, with new court decisions and regulatory guidance regularly affecting how cases are handled. An attorney who only dabbles in employment law and is not constantly in court fighting for clients may not stay current with these developments, potentially missing opportunities or making strategic errors.
Sexual harassment cases also require sensitivity and understanding that comes from focused practice. An attorney who regularly represents harassment victims understands the emotional challenges you're facing and knows how to present your case effectively.
Waiting too long to hire counsel: Every day you wait increases the risk that crucial evidence will be lost. Security footage gets overwritten, documents are deleted, and witnesses' memories fade. Your employer has no obligation to preserve evidence until they receive a formal preservation request from your attorney.
Beyond statute of limitations issues, harassment cases involve numerous procedural deadlines that can't be missed. The sooner you hire an attorney, the sooner they can protect your rights and begin building your case.
Ignoring communication red flags: If an attorney is difficult to reach during the consultation process, this behavior will likely continue throughout your case. Sexual harassment cases can be emotionally challenging, and you need an attorney who will be available when you need guidance or support. Be wary of attorneys who seem rushed during consultations, interrupt your story, or appear more interested in discussing fees than understanding your situation.
Your attorney should be able to explain legal concepts in terms you understand. If they constantly use legal jargon without explanation or can't give you a clear overview of the legal process, they may not be the right fit.
"How emotionally difficult is pursuing action?”
Sexual harassment cases can be emotionally challenging, requiring you to relive traumatic experiences through depositions, document review, and, oftentimes, testimony. However, many women find the process empowering as they take control of their situation and seek justice.
Your attorney should be honest about these challenges while explaining how they'll support you throughout the process. They might work with therapists or counselors who specialize in workplace trauma, or connect you with support groups for harassment survivors.
“What are women's typical reactions/experiences during this process?”
Many women experience a range of emotions during harassment cases, from relief at finally taking action to anxiety about potential retaliation or public exposure. Some feel guilty for "causing trouble," while others feel angry that they have to fight for basic workplace respect.
Understanding that these reactions are normal can help you prepare mentally for the legal process. Your attorney should validate these feelings and provide resources to help you cope with the emotional aspects of your case.
“How will you help me through this?”
A good attorney will have systems in place to support clients emotionally throughout the legal process. This might include regular check-ins about your well-being, referrals to counseling services, or connections to support groups. They should also be sensitive to how legal proceedings might affect your work situation and personal life.
"How many sexual harassment cases have you handled?"
Look for specific numbers and recent experience. An attorney who has handled hundreds of harassment cases over many years has likely encountered situations similar to yours and will be better equipped to anticipate challenges and opportunities.
"What were the outcomes of similar cases?"
While every case is unique, an experienced attorney can discuss general outcomes for cases involving similar circumstances, industries, or types of harassment. This information can help you set realistic expectations for your own case.
Ask about settlements, as well as any cases that were dismissed or resulted in unfavorable outcomes. An honest attorney will discuss both successes and challenges, helping you understand the full range of possible outcomes.
"Do you think I have a strong case?"
An experienced attorney should be able to provide a preliminary assessment of your case's strengths and weaknesses based on the information you provide. While this initial assessment may change as more facts emerge, it gives you a sense of the attorney's analytical skills and honesty.
Be wary of attorneys who immediately promise victory or, conversely, those who seem overly pessimistic. A good attorney will explain the factors that strengthen your case while identifying potential challenges.
"What's the realistic timeline for resolution?"
Sexual harassment cases can take anywhere from several months to several years, depending on complexity and whether they settle or go to trial. Your attorney should provide a realistic timeline based on their experience with similar cases.
Keep in mind that court cases often face scheduling delays. Understanding this timeline helps you plan financially and emotionally for the process ahead.
"How will you keep me informed throughout the process?"
Clear communication is essential in harassment cases. Your attorney should explain how often they'll update you, what information they'll share, and how quickly they'll respond to your questions or concerns.
Some attorneys provide regular written updates, while others prefer phone calls or meetings. Find an attorney whose communication style matches your preferences and needs.
"What will be required of me as a client?"
Your attorney should explain your responsibilities throughout the legal process, from gathering documents to participating in depositions. Understanding these requirements helps you prepare and ensures you can meet your obligations.
You may need to provide detailed timelines of events, gather witness contact information, or participate in settlement negotiations. Knowing what's expected helps you plan accordingly.
"How do you structure your fees?"
Most sexual harassment attorneys work on contingency fees, meaning they only get paid if you recover money through settlement or trial. Most experienced employment attorneys in New Jersey charge 40%. However, this percentage ranges from attorney to attorney so you should certainly inquire about fees early in the initial consultation.
Make sure you understand exactly what percentage the attorney will charge and whether this percentage increases if the case goes to trial or appeal. Also, clarify whether the percentage is calculated before or after expenses are deducted.
"What happens if we don't win?"
With contingency fee arrangements, you typically don't owe attorney fees if you don't recover money. However, you may still be responsible for case expenses depending on your fee agreement.
Some attorneys offer "full contingency" arrangements where they advance expenses and only recover them if the case is successful. This arrangement may be particularly important if you're struggling financially due to harassment-related job loss or reduced hours.
Bring any documentation related to the harassment, including emails, text messages, performance reviews, and disciplinary records. If you don't have copies, write down what you remember about specific incidents, including dates, times, and witnesses.
You should also bring information about your employment history, including job descriptions, pay stubs, and any changes in your work situation that might be related to the harassment.
Create a detailed timeline of harassment incidents. Include dates (even if approximate), locations, witnesses, and exactly what was said or done. This timeline helps the attorney understand the pattern and severity of the harassment.
Don't worry if you can't remember exact dates or details – do your best to reconstruct events chronologically. The attorney can help you fill in gaps and identify additional evidence during the legal process.
1. Strength of your legal claims: The attorney will assess whether your experiences meet the legal definition of sexual harassment and evaluate the strength of your evidence. They'll consider factors like the severity and frequency of incidents, your employer's response to complaints, and available documentation.
2. Available evidence and witnesses: The attorney will identify what evidence currently exists and what additional evidence might be obtainable. They'll also assess potential witnesses, including coworkers who may have observed harassment or experienced similar treatment.
3. Potential damages and compensation: Based on your situation, the attorney will estimate potential compensation, including lost wages, emotional distress damages, and punitive damages. This assessment helps you understand what you might recover and whether litigation makes financial sense.
4. Timeline and procedural requirements: The attorney will identify applicable deadlines and explain the likely timeline for your case. They'll also assess any procedural complications that might affect your case's progress.
If you've experienced sexual harassment at work, don't wait to seek legal help. The consultation process itself can provide valuable information about your rights and options, even if you ultimately decide not to pursue legal action.
Remember that seeking legal help doesn't necessarily mean filing a lawsuit. An experienced attorney can often resolve harassment situations through direct communication with employers or internal complaint processes.
Don't let fear or uncertainty prevent you from exploring your legal options. Many sexual harassment attorneys offer free consultations and work on contingency fees, meaning you don't pay unless you recover compensation. Take that first step. You're stronger than you know, and you don't have to face this alone.
Reach out today to get the emotional and legal help you deserve.
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