Family Law & Divorce
Child Related Issues
What Do I Need to Prove Sexual Harassment at Work?
One of the most frustrating things about trying to prove sexual harassment at work is that there are usually no individuals who witnessed the sexual harassment take place. In order to gain traction in your sexual harassment lawsuit, you will need to find a way to prove the harassment occurred.
Most sexual harassment cases boil down to who has said what about an alleged situation. Nothing can be solved with accusations from both parties; therefore, you will need to prove that you did suffer sexual harassment from the other party. The issue is that most sexual harassers are repeat offenders, and they will try to harass you again if they believe they can get away with it. Although you may be tempted to focus on temporarily stopping the harassment, the ultimate goal is to stop this individual from abusing you or other coworkers.
Since it is likely that the offenders will harass you again, be prepared. We have had clients hide recording devices such as cell phones, so that they can record any sexual harassment that may occur. It is not illegal to secretly record conversations as long as you were recording for your own protection and safety from harassment or other crimes. By catching the perpetrators on a recording, you have nearly sealed your case for success in a sexual harassment lawsuit.
At Mirabella, Kincaid, Frederick & Mirabella, LLC, we have had years of experience assisting clients with proving that they are victims of sexual harassment. If you, or anyone you know, have any questions regarding workplace sexual harassment lawsuits, contact us at 630-665-7300 to schedule a free consultation.
What to Do if You Are Sexually Harassed by a Co-worker
If you have been sexually harassed by a co-worker, the first action you must take is to disclose the harassment to the HR department and/or manager at your place of employment. At Mirabella, Kincaid, Frederick & Mirabella, LLC, we can explain why this is a crucial step in making sure you are protected from retaliation.
If you are a victim of sexual harassment from a co-worker, you must report it to your employer as soon as possible because under Illinois Law, if you do not file a report with your employer, that employer will not be liable for failing to protect you from the harassment. Without your employer being aware of the entire situation, he or she is left unable to effectively address the sexual harassment. This is why it is of the utmost importance that you follow your company sexual harassment policy and report any harassment you receive from co-workers.
Another point to note is that for your employer to be able to assist you, they will need to investigate all allegations. Unfortunately, that means what you tell your employer about the harassment cannot be kept a complete secret. However, because you did go through the proper procedures and report the harassment, you will be fully protected under Illinois law from any form of retaliation for submitting a complaint.
At Mirabella, Kincaid, Frederick & Mirabella, LLC we understand you are going through an emotional time. You can trust that we have worked many sexual harassment cases to give you the best representation. If you have any questions about filing a sexual harassment lawsuit, please contact us at 630-665-7300 to schedule your free consultation. You can also contact us via email. We serve clients in Glen Ellyn, Oak Brook, DuPage County, and throughout Illinois.
The Key Thing You Should Do If You Are a Victim of Sexual Harassment Is to Memorialize It in Writing
If you are a victim of sexual harassment at your workplace, the first and most important thing you can do is to document the harassment in order to help your case. At Mirabella, Kincaid, Frederick & Mirabella, LLC, we can explain the steps you must take to avoid wrongful termination for submitting a sexual harassment complaint.
Our attorneys have helped various clients over the years who approach our team after they have already been terminated. An issue in these situations is that the clients never documented any of the sexual harassment that they were subjected to. If the sexual harassment was not documented in writing, then the company would have no actual record that the sexual harassment occurred.
A common mistake we see clients make is that they only document the sexual harassment in their personal journals. They never reported the harassment to their company's human resources department or to a supervisor. Personal journals do not count as official documentation that can be used as evidence in a sexual harassment lawsuit.
In order to give yourself the best chance of getting the outcome you desire, send an email to HR or to your manager that describes your sexual harassment experience at work. Make sure the words “sexual harassment” are included in the email. A formal written complaint can actually protect your employment because under Illinois law your employer cannot terminate you for submitting sexual harassment complaints.
It can be difficult to discuss your experience with workplace sexual harassment, and we understand this. At MKFM Law, we have helped many clients through this difficult time period. If you, or anyone you know, have any questions regarding what to do after experiencing sexual harassment at work, do not hesitate to call 630-665-7300 to schedule a free consultation. You can also contact us online. We serve clients in Wheaton, Naperville, Oak Brook, and throughout Illinois.
If I Ignore It, Will Sexual Harassment Just Go Away?
In our years of experience with sexual harassment cases at Mirabella, Kincaid, Frederick & Mirabella, LLC, we often hear how clients believe the sexual harassment were simply jokes that would eventually go away. However, this is not often the case; workplace sexual harassment usually does not stop until the victim reports the harassment. You do not deserve to feel uncomfortable at your workplace to the point that it is intolerable. Therefore, you should report any incident of sexual harassment as soon as possible.
You should not hesitate in notifying your company’s human resources department or a supervisor in order to immediately end the harassment from any coworkers. Although it may seem unlikely, the situation can easily escalate.
We often hear from our clients that the sexual harassment did not go away until it was reported. At Mirabella, Kincaid, Frederick & Mirabella, LLC, we believe that no one should ever have to feel this uncomfortable at their workplace and have to deal with any form of harassment. We understand that this can be a very sensitive subject matter and an uncomfortable subject to discuss. Therefore, our lawyers approach each sexual harassment case with compassion, empathy, and skill.
We have years of experience with sexual harassment cases to provide quality representation. If you have any questions regarding sexual harassment, do not hesitate to contact us. You can call us at 630-665-7300, so we can schedule a free consultation. We have assisted clients all over the west Chicagoland suburbs, including St. Charles, Wheaton, Glen Ellyn, and Kendall County suburbs.
Is Everything I Earned During My Marriage Considered Marital Property in Illinois?
All of the income that you and your spouse earn from working during the duration of the marriage will, in fact, be considered marital property. Of course, there can be exceptions to this rule if there was a prenuptial or postnuptial agreement in place specifying otherwise.
At Mirabella, Kincaid, Frederick & Mirabella, LLC we can help explain what other exceptions there may be to understand what property types are considered marital or non-marital. Before the courts will do a division of the property, they identify whether it was obtained before or during the duration of the marriage. Here is a list of examples for the most common forms of marital property that will be divided in the marriage:
- Any bank, investment, or brokerage accounts
- Vehicles owned by the spouses
- Homes and vacation homes
- Stock and sock options
- Household furnishings and furniture
- Pensions or retirement plans
Many people often believe that the main deciding factor when establishing if property is marital or non-marital is if the property was acquired prior to the marriage. However, if the owner transfers funds from a non-marital bank account into a marital bank account, the funds can become commingled. Here is a list of other common forms of non-marital property:
- Property excluded by valid agreement of the parties
- Any Gifts Received Solely for You and Not Your Spouse
- Acquired by Legacy or Descent
- Acquired in exchange for property given before marriage
Dividing property in the divorce process can easily become complicated and upsetting, which is why capable representation should be at your side to guide you through the proceedings. At MKFM Law, we have decades of experience with divorce and family law. Please contact our office so that we can help you make this portion of your divorce as easy as we possibly can. You can reach our office at 630-665-7300.