Maximizing the Value of Sexual Harassment Cases
WWW.WMLAWYERS.COM
Recognizing and Increasing the
Value of Sexual Harassment
Cases
John D. Winer
Winer, McKenna, Burritt & Tillis LLP
www.wmlawyers.com
March 8, 2019
WWW.WMLAWYER
S.COM
1.
The Venue
2.
The Company
3.
The Nature of the Sexual Harassment
4.
The Perpetrator
5.
Length of Employment
6.
Wage Loss
7.
Vulnerability
8.
Treatment
9.
Insurance
10.
Credibility
11.
Sympathy
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S.COM
Federal Title VII v. State
FEHA
Urban v. Rural
The Venue
The bigger the company, the
better.
Be cautious of the small mom &
pops.
The
Company
RECOGNIZING THE VALUE
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RECOGNIZING THE VALUE
Sexual Assault or Verbal
Abuse
•
What is worth more?
•
Both a jury and the law hold managing
agents, officers, and owners to a higher
standard and may award more for verbal
abuse than touching if the perpetrator is
high up in the company.
•
The higher up in the company, the
better.
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The Perpetrator
Owner = Personal
Assets
•
If not the owner, then at least a
supervisor.
Owner/Officer =
Punitive Damages
L
E
N
G
T
H
O
F
E
M
P
L
O
Y
M
E
N
T
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M
•
Long term = good, loyal employee
Length of
Employment
Wage Loss
•
Used to evaluate offer amount
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Vulnerability of the
Plaintiff
•
Pre-existing conditions
•
Past trauma often results in more
harm
Treatment
•
Are they in treatment?
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Insurance
•
General Liability
•
EPLI
A credible client will always do better than
one that struggles with the truth or
exaggerates.
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C
r
e
d
i
b
i
l
i
t
y
Sympathy
Will a jury feel sympathy for the Plaintiff?
Or be angry and distracted from the facts?
1.
Collect the Documentation
2.
Psych Evaluation
3.
Discovery
4.
Look for Priors
5.
Keep Plaintiff Employed
6.
Recognize the Value
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Text
Messages
Emails
Documentatio
n
Witness Statements
Psych
Evaluation
Show how much
treatment
Show physical injury
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M
Discovery
1.
Deposition of highest ranking decision-
maker
Pin down their story before deposing everyone
else
2.
Deposition of the perpetrator
If they don’t admit, let them deny everything,
especially things that are provable.
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Look for
Priors
Keep Plaintiff
Employed
Knowledge that perpetrator is a harasser
Company will pay more to get rid of the
Plaintiff
R
E
C
O
G
N
I
Z
E
T
H
E
V
A
L
U
E
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Most Importantly:
RECOGNIZE THE
VALUE
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Recognizing and Increasing the
Value of Sexual Harassment
Cases
John D. Winer
Winer, McKenna, Burritt & Tillis LLP
www.wmlawyers.com
March 8, 2019
Learn how to recognize and increase the value of sexual harassment cases through factors such as vulnerability, treatment, insurance coverage, credibility, and sympathy. Explore insights on the importance of different aspects like the venue, company size, nature of harassment, the perpetrator's position, length of employment, and wage loss. Discover strategies for evaluating and handling sexual harassment claims effectively.
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Presentation Transcript
Recognizing and Increasing the Value of Sexual Harassment Cases John D. Winer Winer, McKenna, Burritt & Tillis LLP www.wmlawyers.com March 8, 2019 WWW.WMLAWYERS.COM
RECOGNIZING THE VALUE 7. Vulnerability 8. Treatment 9. Insurance 10. Credibility 11. Sympathy 1. The Venue 2. The Company 3. The Nature of the Sexual Harassment 4. The Perpetrator 5. Length of Employment 6. Wage Loss WWW.WMLAWYER S.COM
RECOGNIZING THE VALUE RECOGNIZING THE VALUE Federal Title VII v. State FEHA Urban v. Rural The Venue The bigger the company, the better. Be cautious of the small mom & pops. The Company WWW.WMLAWYER S.COM
RECOGNIZING THE VALUE RECOGNIZING THE VALUE Sexual Assault or Verbal Abuse What is worth more? Both a jury and the law hold managing agents, officers, and owners to a higher standard and may award more for verbal abuse than touching if the perpetrator is high up in the company. WWW.WMLAWYERS.COM
RECOGNIZING THE VALUE The Perpetrator The higher up in the company, the better. If not the owner, then at least a supervisor. Owner = Personal Assets Owner/Officer = Punitive Damages WWW.WMLAWYER S.COM
LENGTH OF EMPLOYMENT RECOGNIZING THE VALUE Length of Long term = good, loyal employee Employment Wage Loss Used to evaluate offer amount WWW.WMLAWYERS.CO M
RECOGNIZING THE VALUE Vulnerability of the Plaintiff Pre-existing conditions Past trauma often results in more harm Treatment Are they in treatment? WWW.WMLAWYERS.COM
RECOGNIZING THE VALUE Insurance General Liability EPLI WWW.WMLAWYERS.COM
RECOGNIZING THE VALUE Credibility A credible client will always do better than one that struggles with the truth or exaggerates. Sympathy Will a jury feel sympathy for the Plaintiff? Or be angry and distracted from the facts? WWW.WMLAWYER S.COM
INCREASING THE VALUE 1. Collect the Documentation 2. Psych Evaluation 3. Discovery 4. Look for Priors 5. Keep Plaintiff Employed 6. Recognize the Value WWW.WMLAWYERS.COM
INCREASING THE VALUE Text Messages Emails Witness Statements Documentatio n Show how much treatment Show physical injury Psych Evaluation WWW.WMLAWYERS.COM
INCREASING THE VALUE Discovery 1. Deposition of highest ranking decision- maker Pin down their story before deposing everyone else 2. Deposition of the perpetrator If they don t admit, let them deny everything, especially things that are provable. WWW.WMLAWYERS.CO M
INCREASING THE VALUE Look for Priors Keep Plaintiff Employed Company will pay more to get rid of the Plaintiff Knowledge that perpetrator is a harasser WWW.WMLAWYERS.COM
RECOGNIZE THE VALUE INCREASING THE VALUE Most Importantly: RECOGNIZE THE VALUE WWW.WMLAWYERS.COM
Recognizing and Increasing the Value of Sexual Harassment Cases John D. Winer Winer, McKenna, Burritt & Tillis LLP www.wmlawyers.com March 8, 2019 WWW.WMLAWYERS.COM
