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5 Things to Do After Getting Fired

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You’ve just been fired, or you suspect you’re about to be fired. And you think that your termination may be for an illegal reason (e.g., discrimination, retaliation, blowing the whistle). Now what?

1. Do Not Quit / Do Not Sign Anything. Most workers who suspect termination is imminent often believe it is better to quit than be fired. But depending on the circumstances, that might not be true. Voluntarily leaving your position before your employer takes any adverse employment action against you (e.g., a termination), could weaken your ability to make an employment claim. Often it is wiser to continue to do your job well, which means that your employer will have to terminate you to make you leave. However, there could be extenuating circumstances that would warrant a different decision. If you are tempted to quit your job, it would be wise to contact an employment attorney before quitting to discuss your particular situation and your options.

At your termination meeting, your employer may present you with a document called a separation or severance agreement, potentially with an offer of some amount of money. Again, the wise thing to do is to consult with an attorney before signing anything. If you signed this document already and are having second thoughts, you should immediately contact an employment attorney to review the agreement on your behalf. If you act quickly enough, you may be able to rescind your agreement.

2. Do Apply for Unemployment. Unemployment programs provide money and other benefits to eligible workers who become unemployed through no fault of their own and meet certain other eligibility requirements. For more information on how to apply for benefits, visit: uimn.org.

3. Do Request Your Personnel File. Minnesota law allows you to request a copy of your personnel file. Make this request to your employer in writing. Your employer must give you a copy of your personnel file within seven working days after the receipt of the request for the personnel file, if it is located in Minnesota, or no later than 14 working days, if located outside of Minnesota.

Your employer must provide you with a written reason for your termination within ten working days following the receipt of the request. Note, however, that there may be situations where it is better not to request this. After consulting with an attorney, and it is determined that you will request your truthful reason for termination, it must be done within 15 working days following your termination.

4. Do Consider Health Insurance/COBRA Continuation. COBRA stands for the Consolidated Omnibus Budget Reconciliation Act of 1985. COBRA continuation coverage may allow you to temporarily remain on your employer’s group health insurance plan.

It may also be worth your while to explore MinnesotaCare, which is a state healthcare program for children and adults who do not have access to an affordable health care option. For more information on MinnesotaCare, visit www.mnsure.org.

 5. Do Talk to a Lawyer. There may be other steps you should take before and after your termination. Even if your termination seems legitimate, non-retaliatory, or non-discriminatory, it makes sense to reach out to an experienced employment law firm to talk through the facts and circumstances of your employment and termination. A lawyer who is experienced in working with employees may be able to see illegal conduct where it is not obvious to you. Employers are often experienced at covering their tracks, so it is crucial that you work with an attorney who is equally experienced in uncovering those tracks.

Law employment attorney Blaine Balow has an excellent record of recovery for his clients. However, all cases are judged on their individual facts, and there is no guarantee of success. He is part of an elite group of 2.5% of Minnesota attorneys who are under the age of 40 or have practiced law less than ten years to be selected to the Super Lawyers list as a “Rising Star.”

20 Common Ways Employers Violate Employee Rights

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Although Minnesota is an “employment at-will” state—meaning the employer may terminate an employee at any time for any reason—there are, in fact, exceptions to the rule. Since 1967 the Minnesota Human Rights Act has served as the State’s comprehensive employment rights law and provides a wide range of protections for employees. Yet even with the law in place, employers continue to violate employees’ rights in countless ways. Here are 20 of the most common violations for which an employee may seek monetary relief under the Minnesota Human Rights Act:

Discriminating against employees because of:

  1. their race, color, national origin, or creed.
  2. their religion.
  3. their disability.
  4. their age.
  5. their sex or gender (including sexual harassment).
  6. their sexual orientation or gender identity.
  7. their status as being single, married, remarried, divorced, or separated.
  8. the identity, actions, or beliefs of a spouse or former spouse.
  9. their receipt of government benefits (such as medical assistance, rental assistance, Minnesota Supplemental Nutrition Assistance Program (SNAP), Children’s Health Insurance Program (CHIP), Minnesota Energy Assistance Program (EAP), or public housing).
  10. their pregnancy.
  11. their childbirth.
  12. their disability arising from pregnancy or childbirth.

Employers also violate the law by:

  1. failing to provide reasonable accommodation to an employee with a disability.
  2. interfering with an employee’s pension benefits because of their age.
  3. seeking information that pertains to an employee’s race, color, creed, religion, national origin, sex, marital status, status with regard to government benefits, familial status, disability, sexual orientation, or age.
  4. publishing an advertisement that relates to employment and discloses a preference or limitation on the basis of race, color, creed, religion, national origin, sex, marital status, status with regard to government benefits, familial status, disability, sexual orientation, or age.
  5. retaliating against an employee because they associated with a person or group of persons who are disabled or of a different race, color, creed, religion, sexual orientation, or national origin.
  6. retaliating an employee for filing a charge of discrimination with the Minnesota Department of Human of Rights.
  7. retaliating against an employee for testifying or participating in an investigation or hearing by the Minnesota Department of Human Rights.
  8. retaliating against an employee for making a report that the employer is violating the law in any of the above ways.

In addition to the protections listed above, Minnesota employees are protected by other laws, including the Minnesota Whistleblower Act, Minnesota’s Workers’ Compensation Act, and the Fair Labor Standards Act. If you believe your employer is violating the law, you may be entitled to monetary relief. Contact the employment team at Halunen Law for a free consultation.

Learn more about the Minnesota Human Rights Act

Halunen Law attorney Colin Pasterski’s commitment to get the details right and provide thorough, professional representation has brought many favorable case outcomes. His focus on fighting injustice and providing the highest level of legal service guide his work every day on behalf of courageous employees and whistleblowers.

What Happens to an FCA Whistleblower’s Reward If the Government Files Criminal Charges against the Defendant?

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As a whistleblower, or “relator,” under the False Claims Act (FCA), you have filed a complaint against a company that defrauded the federal government. The government investigated your allegations and indicted the defendant company on federal criminal charges. At sentencing, the government seeks restitution of the amount it lost due to the defendant company’s fraud. Can you receive a whistleblower reward from the restitution paid in the criminal case?

The short answer is maybe, but probably not in the context of the criminal action itself. Continuing a trend favorable to whistleblowers, a recent court decision may help you receive an award from the restitution paid in the criminal action if your whistleblower case under the FCA is successful.

Relators, Rewards, and Restitution

On October 28, 2019, the Third Circuit Court of Appeals joined other circuits in addressing whether a relator may intervene in a criminal proceeding in order to receive an alternate remedy reward. In United States ex rel. Charte v. American Tutor, Inc., — F.3d —-, No. 17-1717, 2019 WL 5538568 (3d Cir. Oct. 28, 2019), the relator alleged that the defendants submitted false reimbursement claims to the United States Department of Education. The relator provided information to the government and cooperated with the government while it determined whether it would intervene in her qui tam case.

During this period, the information relator provided led directly to an investigation that resulted in the criminal prosecution of an individual defendant for tax fraud and tax evasion. The individual defendant signed a plea agreement that required him to pay $1.5 million in restitution, which he paid by the time he was sentenced. Subsequently, the government declined to intervene in the relator’s qui tam case.

Criminal Case as “Alternate Remedy”

After learning of the plea agreement, the relator attempted to intervene in the criminal case to assert her claimed interest in a share of the restitution. The relator relied on two key provisions of the FCA. First, under 31 U.S.C. § 3730(d), the relator is entitled to recover between 15% and 30% (depending on whether the government intervenes) of any settlement or judgment. Second, under 31 U.S.C. § 3730(c)(5), known as the FCA’s alternate-remedy provision, the government may “elect[ ] to pursue its claim through any alternate remedy available to the Government, including any administrative proceeding to determine a civil money penalty.”

In addition, “[i]f any such alternate remedy is pursued in another proceeding, the person initiating the action shall have the same rights in such proceeding as such person would have had if the action had continued under” the FCA. Id. Relying on these statutory provisions, the relator argued that because the government chose the criminal proceeding—an alternate remedy to her qui tam action—as the means to recover the funds lost through fraud, she should be entitled to intervene and receive a share of the restitution award.

However, the Third Circuit rejected the relator’s argument. Affirming the district court, the Third Circuit explained that the right to participate in an “alternate remedy” proceeding does not extend to criminal matters because doing so would permit the relator to participate as a co-prosecutor in a criminal case, which is prohibited under Supreme Court precedent. See Lujan v. Defenders of Wildlife, 504 U.S. 555, 576 (1992); Linda R.S. v. Richard D., 410 U.S. 614, 619 (1973). In so holding, the Third Circuit joined the Eleventh and Ninth Circuits in prohibiting relators from intervening in criminal cases for purposes of seeking a financial recovery. See United States v. Couch, 906 F.3d 1223, 1228 (11th Cir. 2018); United States v. Van Dyck, 866 F.3d 1130, 1133 (9th Cir. 2017).

Takeaways

The good news, however, is that the Third Circuit did not preclude the relator from seeking any recovery. Instead, the Third Circuit determined that the relator should do so through the qui tam case rather than by intervention in the criminal case. Charte, 2019 WL 5538568, at *8. The law in the Eleventh and Ninth Circuits is similar. See Couch, 906 F.3d at 1228-29; Van Dyck, 866 F.3d at 1135. In other words, a relator cannot literally participate in the criminal case, but can benefit from a criminal restitution payment if the relator’s FCA case is successful. Charte, 2019 WL 5538568, at *9.

The Third Circuit’s recent decision highlights the complexity of FCA cases and the importance of retaining qualified, experienced qui tam counsel to prosecute them. If you are aware of fraud against the government, contact Halunen Law’s False Claims Act Group for guidance and assistance.

Lon Leavitt joined Halunen Law after a successful 12-year tenure as an Assistant United States Attorney in the District of Arizona, one of the largest and busiest federal districts in the country. In that role, he managed False Claims Act investigations and litigation on behalf of the federal government in a wide range of fields, including health care, defense and education. Lon is especially knowledgeable in health care fraud enforcement, having pursued cases successfully against hospitals, hospices, physician groups, and other health care providers. Learn more about Lon Leavitt and his work at Halunen Law.

Whistleblowers in the Intelligence Community

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There are many different statutes that provide protections to whistleblowers, and in some instances, also provide specific procedures to follow. That is the case with the federal whistleblower in the news these days. That whistleblower works in the Intelligence Community where blowing the whistle may involve classified information. The intelligence community defines whistleblowing as “the act of reporting waste, fraud, abuse and corruption in a lawful manner to those who can correct the wrongdoing.” For more information about the Intelligence Community Whistleblower Protection Act, download the Congressional Research Service report on “Intelligence Community Whistleblower Protections.”

Know Your Rights: Sexual harassment claims are not limited to interactions that take place at the office

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Sexual harassment or sexual assault can be actionable if it occurs on business travel or at work-related events.  In fact, over half of the sexual assault cases we have handled involved assaults that occurred outside of the office and outside of work hours.  If the harassment or assault can be shown to be related to the employment relationship and the incident is sufficiently severe or repetitive, you may have an actionable claim against your employer.

Minnesota law prohibits discrimination in employment on the basis of sex, including sexual harassment.  Sexual harassment “includes unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact or other verbal or physical conduct or communication of a sexual nature when . . . that conduct or communication has the purpose or effect of substantially interfering with an individual’s employment . . . or creating an intimidating, hostile, or offensive employment . . . environment.” Minn. Stat. § 363A.03, subd. 43(2).

To rise to the level of sexual harassment under the law, conduct must be

(1) uninvited and offensive, and

(2) severe or pervasive such that it alters the conditions of employment and creates an abusive working environment.

A single instance of sexual assault can meet the “severe or pervasive” standard.  For example, one instance involving unwanted touching or groping of a victim’s intimate body parts could constitute sexual harassment.

If you have been subjected to workplace-related sexual harassment or sexual assault you may have recourse, and would be wise to consult an attorney experienced in addressing sexual harassment and assault.

Halunen Law Partner Amy E. Boyle is fearless in high-stakes litigation against well-financed foes. In the courtroom she’s a talented litigator, bringing notable skill and experience to bear. Outside of the courtroom, she has achieved numerous and substantial pre-litigation settlements on behalf of her clients. Whether it’s an age or gender discrimination case, a wrongful termination, or challenging other unlawful actions in the workplace, she will lead the way to make it right. Learn more about Amy Boyle.

What Are My Rights as an Older Employee Who Has Recently Been Laid Off From My Job?

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We hear all too often from clients…

“I just got laid off, and my employer wants me to sign a severance agreement. They gave me a big chart with a list of people’s positions and ages on it. I’m confused, and I’m not sure what to do next.”

If you are an older worker (defined as age 40 or older), stop right there! You likely have a lot of questions in your head right now. We’re here to help you find some answers.

Why did my employer give me this chart?

You were likely terminated in what is called a Reduction in Force or RIF. Your employer gave you this chart with a list of people’s positions and ages attached to a severance agreement, because they are legally required to do so by the Older Workers Benefits Protection Act (“OWBPA”) – and if you were “RIF’d” as they say, and your employer didn’t provide you with this chart, it may have broken the law.

What’s so important about this chart?

It’s important because older workers (defined by federal law as age 40 or older) are a protected class in the workplace, meaning that your employer can’t discriminate against you on the basis of your age. This chart may be an important piece of information to determine if you have a potential claim of age discrimination.

How does this chart help me prove age discrimination?

One way of proving age discrimination is by demonstrating that a particular layoff “disparately impacted” older workers, meaning that older workers were statistically overrepresented in the layoff as compared to younger workers. Because it’s impossible to tell if a layoff disparately impacted older workers without knowing the ages of the workers who were impacted by the layoff and those who were not terminated, Congress passed the OWBPA in 1991, as an amendment to the Age Discrimination in Employment Act (“ADEA”). Among other things, the OWBPA requires employers to provide laid-off employees with a list of the ages and positions of the workers who were laid off, and the ages and positions of those who were not laid off. The chart allows employees and their attorneys to compare the two groups to determine whether older workers were disparately impacted by the layoff on the basis of their age. It also allows you to see the ages of persons otherwise similar to you who were not terminated.

How big of a gap in age is big enough to prove age discrimination?

If the gap between the ages of the employees who were laid off versus those who were not laid off is “statistically significant,” then this can be used as proof that age discrimination occurred.

So what does statistical significance mean in this context?

Imagine that the average age of the workforce before the layoff occurred was 45 years old. If the decisions about which employees were going to be laid off were made on an age-neutral basis (as they legally were required to be), statistically, the average age of the workers laid off should be close to 45 years old (the average age of the workforce overall). The further the average age of the employees actually laid off deviates from the average age of the work force overall, the less likely it is that the layoffs were truly done on an age-neutral basis. If the average age of the workers laid off is far enough above the average age of the workforce overall, the difference may be evidence of age discrimination.

The list can be used in other ways to support a claim of age discrimination. If you were a member of a smaller group within the RIF’d group, age differences between you and the people in the smaller group who were not terminated may be telling as well.

What should I do now?

Make sure you carefully look over this chart and severance agreement and consult with a lawyer before signing the severance agreement, as you may have a legal claim for age discrimination. If you sign the severance agreement, you may be giving up your right to later bring a lawsuit against your employer. The experienced attorneys at Halunen Law are here to help.  Contact us today for a free consultation.

Employment Attorney Emma R. Denny is an experienced, tough employment attorney, who is relentless in her pursuit of justice for clients who have been wronged by their employer. She has successfully litigated cases in state and federal court and negotiated favorable resolutions for clients facing discrimination, whistleblower, harassment, FMLA, ERISA, disability and religious accommodation, wage, retaliation, contract agreements and a host of other disputes. Learn more about attorney Emma Denny.

Celebrating Whistleblowers – National Whistleblower Day

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On this National Whistleblower Day, Halunen Law recognizes the tremendous contribution that whistleblowers make to our everyday lives— protecting our health, safety, and taxes. These contributions have been happening since the earliest days of the United States.  The Founding Father’s unanimously supported whistleblowers in both words and deeds, including providing government records and monetary assistance to prevent retaliation against whistleblowers. [1] It is a privilege for us to carry on with that support and work with whistleblowers as they make companies accountable for their wrongdoing. Every whistleblower we honor today makes a difference. Thank you.

Read more

Are You at Risk for Sexual Harassment or Sexual Assault at Your Job?

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The #MeToo movement has shined light on sexual harassment and sexual assault in the workplace and work-related events. However, there is still a value in increasing knowledge, training, and education when it comes to sexual harassment and sexual assault in the workplace.

In light of this, it’s vital that employees take the time to understand what sexual harassment and sexual assault are in the workplace, and how certain employment situations may make them more vulnerable than others. As an employee, it is important to know that such misconduct can happen to anyone, and if it happens to you, you are not alone – we are here to help.

If you are employed in one of these situations, there is a greater risk that you will experience sexual assault or harassment in the workplace. [1]

  1. Working in a Setting with Significant Power Differentials. Many workplaces have a significant power disparity between supervisors and employees. These power imbalances can be a risk factor for sexual harassment and sexual assault.  While sexual harassment and sexual assault can involve any gender combination, women are particularity vulnerable in these situations, as they are less likely than men to hold a senior level position Many high-level executives or ‘rain-makers’ may believe that they can take advantage of subordinates with their power, and that they do not need to comply with rules that govern other employees. Oftentimes their victims feel left with no choice but to submit to the advances made by their supervisor who holds the power to limit their employment opportunities or retaliate against them, if the supervisor does not get what they want. These victims are less likely to report the misconduct out of fear of retaliation or termination.
  2. Workplace Events Involving Alcohol. Alcohol lowers inhibitions and rational decision-making, which makes employees particularly vulnerable to sexual harassment and sexual assault when alcohol is involved at work-related events. Sexual assault or harassment may occur at a conference, business trip, retreat, or seminar, when individuals are outside of normal employment contexts and more likely to consume alcohol. It may also occur at a work-related dinner or happy hour. While technically not “in the workplace”, these situations, if work-related, may fall under the umbrella of sexual assault and harassment in the workplace.
  3. Working in an Isolated Context. Many workers, such as hotel workers, janitors, overnight shift workers, domestic care workers, or those who work in isolated buildings, spaces, or times, report higher than average rates of sexual harassment and sexual assault. [2] These isolated workplaces leave employees vulnerable to perpetrators, who may feel emboldened by a lack of witnesses or surveillance. Low-wage work is more likely to take place in smaller, less formalized workplaces without official reporting mechanisms or a human resource department, making low-wage earners also more vulnerable.
  4. Women Working in a Male-Dominated Job. Women who work in traditionally male-oriented jobs or environments (such as manual labor, military, etc.), and women working in occupations where they are a small minority may be especially vulnerable to sexual harassment and sexual assault.
  5. Tip Employees. Employees who work for tips, such as wait staff, bartenders, and hotel housekeepers, account for approximately 14% of harassment charges with the EEOC. [3]  Many employees continue to work in these jobs despite sexual harassment and sexual assault, as these tips are a necessary component of their income.

We Are Here To Help

Sexual harassment, including sexual assault, is a form of sex discrimination and is a civil rights violation under federal and Minnesota law, and the laws of many other states. Each and every employee has a right to be safe and free from unwanted sexual contact or advances in the workplace.  The attorneys at Halunen Law are trained to handle these challenging cases with the utmost sensitivity and care. We pride ourselves on standing up for the victims of sexual harassment and sexual assault and demand accountability from those responsible.

If you have been a victim of sexual harassment or sexual assault in the workplace, or in the course of work-sponsored events, you are not alone. Contact us today.

When employment attorney Amanda Crain joined Halunen Law, she brought an astute understanding of client emotional trauma, conflict, and complex legal matters. Selected for the Minnesota Super Lawyers Rising Stars list consecutively since 2014, she is committed to do what’s right for employees facing wrongful termination, discrimination, harassment, or other illegal workplace practices. Learn more about attorney Amanda Crain.

 

[1] https://iwpr.org/publications/sexual-harassment-work-cost/

[2] Id.

[3] Id.

 

 

 

 

 

CAN I RECORD A CONVERSATION WITH MY EMPLOYER?

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As an employment law attorney representing employees, I am often asked, “Can I record a conversation with my employer without saying that I am recording it?” The answer depends on whether the state you are recording in requires a one-party or two-party consent and whether your employer has a company policy that prohibits employees from recording conversations.

One-Party Consent States

One-party consent, the more common standard, permits an individual to record a conversation they are a party to without notifying the other party. In other words, most states allow a person to record a conversation without telling the other parties to the conversation that you are indeed recording it.  However, the person recording the conversation MUST be a party to it.  Leaving a device recording in a room where others are talking without your input or presence is not permitted and could be regarded as illegal wiretapping. The one-party consent standard is also the federal standard.[1]

Two-Party Consent States

The two-party consent rule, better known as the “all-party” consent rule, requires the consent of all parties to a conversation. As a general matter, many lawyers and scholars suggest sticking to the strictest rules when and if a person has doubt regarding legality. This can happen for example if you are calling someone from a one-party state, but the person you are calling is in a two-party state.

Workplace Policies

Some companies have policies that prohibit employees from recording workplace conversations. Whether these policies are enforceable depends on the policies and the circumstances. This means that, even if you are working in a two-party consent state, you could be subject to discipline for violating company policy if you turn on your cell phone recorder when you meet with your boss. It is important to find out if your company has such a policy before deciding whether to record a conversation. Also relevant is whether the recording may include confidential or other types of protected information and what company policies exist about that.

So, Can I Record My Employer?

So what does this mean if, perhaps, you would like to record your boss harassing you?  The answer depends on where you are recording the conversation and your company’s policies. For example, if you recorded your boss in Minnesota without his or her consent that may be permitted, with certain exceptions.[2] Under the same circumstances in Illinois, you would need to notify your boss of the fact that you are recording.[3]

For more information about specific states, here is additional information from a 50-state survey: https://www.justia.com/50-state-surveys/recording-phone-calls-and-conversations/

If you have any questions regarding your ability to record a conversation in the workplace, you should make sure that you meeting the legal requirements for that state and obtain the advice of a skilled and knowledgeable attorney. At Halunen Law, our employment law attorneys are happy to help.

Halunen Law employment attorney Ross Stadheim has an excellent record of recovery for his clients. Out of the 119 cases he has had in his seven years with the firm, all but 4 have resulted in recovery—a 96% success rate. However, all cases are judged on the particulars of their individual facts and there is no guarantee of success. He is part of an elite group of 2.5% of Minnesota attorneys who are under the age of 40, or have practiced law less than 10 years, to be selected to the Super Lawyers list as a “Rising Star” for 2014 through 2018. Learn more about Ross Stadheim.

 

[1] 18 U.S.C. § 2511 (promulgating the federal standard for consent to recording conversations).

[2] Minn. Stat. § 626A.02

[3] 720 ILCS 5/14-1, et seq.

There Is No “Right” or “Wrong” Way to React to a Work-Related Sexual Assault

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During my career as an employment law attorney, I have had the unique privilege of representing many employees who have been sexually assaulted during the course of their employment by a co-worker or supervisor. It makes my heart heavy to know there are so many people out there who have gone through such an experience.

The #MeToo Movement

The last two years have brought a sea change in American culture in terms of how we as a society view the power dynamics and relative culpability between the perpetrators and victims of sexual assault. This change has been popularly referred to as the ‘#MeToo’ movement. I hoped that after #MeToo, I would start to see fewer victims of sexual assault in the workplace come through the doors of our law firm. Sadly, this has not been the case.

I also hoped, I now see naively, that the attitudes of the companies who employ the perpetrators of sexual assault in the workplace, and the attorneys who represent them, would change to reflect the times. Unfortunately, again and again, I hear the same thing from them: “your client didn’t react normally to the sexual assault, and therefore we don’t find her[1] to be credible.”

Your Employer May Claim Your Response to Sexual Assault is “Wrong”

Every client I’ve represented has had a different emotional reaction to her sexual assault. Yet I’ve heard from almost every employer and defense attorney that each and every one of my clients’ reactions to a sexual assault was not “typical,” and was, therefore “wrong.”

  • If my client reacts angrily, then that is wrong.
  • Conversely, if she doesn’t have a strong and immediate visible emotional reaction, her response is also wrong.
  • If she doesn’t report the assault immediately – wrong.
  • If she interacts again with the perpetrator of her assault in the workplace (even though she may have to because her job depends on it) – also wrong.
  • But, if she quits because she feels she can no longer go to work and face her attacker – also wrong.

These types of comments make my blood boil. By suggesting that my client is not credible based on how she experienced (or didn’t experience) a certain type of emotional reaction to a sexual assault often re-traumatizes her. It makes her feel as though she’s the one who has done something wrong. It also places her in a double-bind, because there is no ‘right’ way for her to react in their eyes. This is classic victim-blaming by the employer.

Victim-blaming is the only wrong response in these situations.

Common Emotional Responses to Work-Related Sexual Assault 

While there are many emotional responses that are commonly experienced by Work-Related Sexual Assault victims, each person reacts in her own unique way.Common emotional responses include, but are not limited to:

  • Shock and numbness
  • Denial
  • Feelings of going crazy
  • Disruption of daily life
  • Feelings of loss of control
  • Fear
  • Guilt, shame, and self-blame
  • Anger
  • Isolating from friends and loved ones
  • Anxiety
  • Nightmares
  • Concern about what will happen to the assailant should you report them
  • Difficulty with sexual intimacy
  • Post-traumatic Stress Disorder (PTSD)

There is No “Right” or “Wrong” Reaction.

The truth is – there is no “right” or “wrong” reaction to a sexual assault. If you experience some, but not all, of these reactions, that is not wrong either. If you experience totally different reactions than the ones listed above, that’s also not wrong! Everyone experiences trauma differently.

Moreover, the vast majority (74%) of victims of sexual assault don’t report their assaults to law enforcement.  Individuals make their own decision about whether and when to report an assault (or not report it) based on different factors and variables in their lives. There is no one “right” way or time to report sexual assault. If you have been sexually assaulted, but have not reported it to authorities, that does not mean you have done anything wrong, or that you cannot now pursue legal action.

Almost two years after the #MeToo movement reached the public consciousness, employers and attorneys continue to hold these misconceptions of victims. Sadly, the fight to correct these false assumptions, and achieve justice for victims of sexual assault, is not over.

Let’s Fight to End Work-Related Sexual Assault & Sexual Violence in the Workplace

Please contact Halunen Law if you have experienced a sexual assault by a co-worker or supervisor either in the workplace or at a work-related event. Our experienced team will listen non-judgmentally to your story, no matter what kind of reaction you had to the assault, or whether or not you have reported it to the authorities.

Together, let’s fight to end sexual violence in the workplace.

Emma R. DennyHalunen Law employment attorney Emma Denny is experienced, tough and relentless in her pursuit of justice for clients who have been wronged by their employer. She has successfully litigated cases in state and federal court and negotiated favorable resolutions for clients facing discrimination, whistleblower, harassment, FMLA, ERISA, disability and religious accommodation, wage, retaliation, contract agreements and a host of other disputes. Learn more about Emma Denny.

Throughout this article, I will use female pronouns, as women make up the majority of sexual assault victims. However, men and gender non-binary people can also be victims of sexual assault.