Employment Lawyers in Charleston, West Virginia

Quid pro quo harassment is a form of illegal workplace discrimination. If you've been sexually propositioned at work, you may have heard the term “quid pro quo,” and wondered what it meant and whether it describes what you've experienced. Here's what you need to know about quid pro quo sexual harassment in West Virginia, including how our empathetic attorneys can help you recover damages if you've suffered this type of unlawful employment discrimination.

Defining Quid Pro Quo Harassment and Learning to Recognize it in the Workplace

Quid pro quo is a Latin phrase meaning “this for that,” “something for something,” or “a favor for a favor.” When used in a workplace setting, the term describes a particularly insidious type of sexual harassment in which a supervisor, manager, or business owner uses a worker's willingness—or unwillingness—to engage in sexual conduct as a basis for making decisions about their employment.

Quid pro quo harassment is what comes to mind for most people when thinking of on-the-job sexual harassment, since it's the kind most commonly shown in pop culture. You may have seen this sort of harassment play out in popular movies like “Legally Blonde,” “Horrible Bosses” or “Disclosure.” Here are just a few examples of what it might look like in your workplace:

• An employer decides whether to hire, promote, or fire you based on your acceptance or rejection of sexual advances or requests for sexual favors
• A supervisor gives or promises raises, promotions, more favorable assignments or shifts, or other job-related opportunities in exchange for engaging in sexual acts
• A manager threatens to reduce your hours, move you to a less favorable shift or position, fire you, or do something else to negatively affect your job or income if you refuse or discontinue sexual contact
• An employer bases your performance review on whether you comply with their sexual demands, rather than how well you do your job

Think you've experienced quid pro quo sexual harassment in employment? You may be entitled to compensation for damages.

Legal Protections for Workers

Sexually intimidating and harassing employees isn't just morally or ethically wrong, it's against the law. Title VII of the Civil Rights Act of 1964 prohibits sex-based discrimination in employment, including sexual harassment, and applies to companies with 15 or more employees. The West Virginia Human Rights Act (WVHRA), which offers even broader protections, also prohibits employers from engaging in this type of illegal conduct. It applies to employers in the Mountain State with 12 or more workers.

We Can Help You Hold Your Employer Accountable for Sexual Harassment

Being subjected to quid pro quo harassment in the workplace can leave you feeling trapped and without options. Fortunately, that's not the case. You don't have to put up with poor treatment, give in to your boss's demands, or quit your job. At Bailess Law Firm, our caring and capable employment lawyers can help you file a claim to hold your employer accountable for their unlawful behavior. We'll work diligently to gather evidence to build a case that proves:

• You were applying for a position or were employed at the company in question
• You experienced unwanted sexual advances or requests for sexual favors
• The person who harassed you was in a position of authority over you
• Conditional job opportunities were based on your response to your harasser's sexual demands
• You suffered harm as a result of the harassment you experienced

If your claim is successful, you may be able to recover damages for lost wages, lost benefits, lost employment opportunities, and emotional distress—and even get your job back if you were fired.

Talk to Us About Your Case

Facing sexual harassment is challenging—and there's far too much at stake to go it alone. Contact us today to schedule an appointment for a complimentary initial consultation to discuss your experiences and how our team can assist you.

If sexual harassment at work has turned your shifts into waking nightmares and HR took no steps to resolve the issue (or you were too afraid to report it), it's likely time to hire an employment attorney to help you fight back against this insidious, illegal, and all-too-common form of discrimination. Unfortunately, no matter how bad the harassment's gotten or how hostile the working environment has become, you may be reluctant to contact an attorney. This could be for any number of reasons but, in our experience, it's often due to concerns about the high cost of legal counsel. Don't let this misconception deter you from seeking the damages—and the justice—you deserve. Here's what you need to know.

Let Us Help You Level the Playing Field

Employers who are engaging in, or turning a blind eye to, workplace sexual harassment work hard to make you think that they have the power—and the financial resources—and you don't. Hiring an attorney to represent you not only levels the legal playing field between you and your employer, it can actually maximize the value of your case. Best of all, it costs you absolutely nothing.

At Bailess Law Firm, our caring and capable team of West Virginia employment attorneys help clients navigate the complex litigation process. We know you've been through a lot, which can make it difficult to know who to trust. We're mindful of these concerns, which is why values like integrity, honesty, transparency, and discretion are key pillars of our practice. At every point, we want you to feel confident in our counsel.

On-the-Job Sexual Harassment Comes in Many Forms

Survivors often doubt and minimize their experiences with workplace sexual harassment. Clients sometimes come to us concerned that they're "making something out of nothing." Rest assured, in our many years of practice, that's rarely, if ever, been the case. Far more often, these survivors have fallen for the misconception that if their employer didn't offer them something in exchange for sex, or threaten to fire them if they didn't comply with sexual demands, they didn't experience "true" sexual harassment. Let's lay this myth to rest once and for all. Not all harassment is "quid pro quo" harassment. In fact, hostile work environment harassment, which involves a barrage of unwanted sexual jokes, comments, and other actions that make the workplace offensive or intimidating, is much more common.

The "Cost" of Sexual Harassment in the Workplace

Don't take for granted the effects that being targeted for continual sexual harassment can have on you as a survivor. From interfering with your job performance to inflicting lasting emotional distress, on-the-job sexual harassment inflicts real harm. We can help you hold your employer accountable.

We Assume the Expense and Risk of Litigation, So You Pay Nothing—Ever

If we accept your workplace sexual harassment case, we front all costs of litigation and assume the associated risk. You pay nothing out of pocket. Ever. No matter what. 

Who Pays Our Fee If We Win Your Case: Understanding Fee-Shifter Agreements

You might find yourself worrying that nothing comes for free—especially legal representation—and that someone will inevitably have to pay us for our legal services at some point. That's true, but you never have to pay anything out of pocket.  We do not get paid unless you recover damages from your case.

Talk to Us About Your Workplace Sexual Harassment Case

Contact Bailess Law Firm to schedule an appointment for a free initial case review. We'll help you understand your legal rights and options, and determine whether your case and our firm are a good match. Don't wait—contact us today.

Unfortunately, it's possible. West Virginia law does not require employers to provide employees with sick leave benefits of any kind. Because of at-will employment laws, employers in the Mountain State can fire workers at any time, for any reason—or even no reason at all.

However, there are some exceptions. For example, the firing can't be done in retaliation for an employee engaging in a protected activity—such as reporting sexual harassment, hostile work environment, or safety issues—or violate other anti-discrimination laws. Also, when employers choose to provide workers with sick leave benefits, they're required to abide by the terms established in the company policy or employment contract. In some cases, the Federal Family and Medical Leave Act (FMLA) may provide some protection.

Were you fired for taking time off when you were injured or ill? Depending on the circumstances, you may be entitled to damages. Here's what you should know about West Virginia workplace retaliation cases, including how the exceptional employment attorneys at Bailess Law Firm can help you understand your rights and explore your options for taking legal action.

Recognizing Retaliation: When it Isn't Really About Sick Leave

While an employer may be able to fire you for calling out sick if you don't have any kind of sick leave benefits, there are times when that kind of harsh employment decision is motivated by more than just an unexcused absence. Consider the timing. Did your termination for an injury or illness-related work absence happen after you:

• Reported sexual harassment or a hostile work environment
• Reported other types of illegal employment discrimination
• Reported unsafe practices or safety violations
• Participated in an investigation of workplace sexual harassment, safety violations, or other unlawful discrimination
• Filed a claim alleging discrimination?

If so, you should also examine the way you were treated before being fired. Were you:

• Demoted
• Transferred to a less desirable position, schedule, or location
• Scheduled to work with someone you reported for sexual harassment or discrimination
• Denied a promotion or pay raise
• Subjected to verbal or physical abuse
• Targeted for increased scrutiny
• Given an unfairly negative performance review

What you experienced might be workplace retaliation. Talking to a seasoned employment attorney is the best way to determine if you have grounds to move forward with a claim or lawsuit.

A Quick Word About the Federal Family and Medical Leave Act (FMLA)

You may have heard that the FMLA allows workers to take unpaid leave for medical or family reasons without losing their jobs. However, the truth is a lot more complicated. The FMLA only applies to private-sector employers that employ 50 or more people—and to be protected by the law, you must have worked for your employer for at least a year and for a minimum number of hours. The law also specifies the situations in which FMLA leave can be used. Talk to one of our attorneys to find out whether this law applies to your case.

What You Could Recover and What You Have to Prove in a West Virginia Employment Retaliation Case

Potential damages in an employment retaliation case are wide-ranging and may include lost pay and emotional distress. In order to secure fair damages, you and your attorney will have to prove that:

• You experienced (or witnessed) illegal harassment or discrimination
• You engaged in a protected activity (such as reporting harassment)
• Your employer responded with a negative employment action (firing you)
• You suffered damages as a result

Ready to find out how the caring and capable legal team with Bailess Law Firm can help you hold your employer accountable for retaliation?

Schedule a Complimentary Case Review

Contact us today to request a free, no-obligation review of your case.