Workplace harassment can damage relationships, undermine self-confidence, and leave us feeling unsafe or uncertain. Many survivors of harassment question whether what happened was serious enough, worry that others will not believe them, or fear that reporting the conduct will only create additional problems.

For many employees in Silicon Valley, it is difficult to know what to do in the wake of serious workplace harassment. The dynamics of “company culture”, volatile and unpredictable leadership, and concerns about retaliation can make each step forward feel overwhelming.

Put Your Health and Well-Being First

If you have experienced harassment, your immediate well-being should come first. Legal issues and documentation can wait if your physical or emotional safety is at risk. When harassment involves physical violence or sexual assault, prompt medical treatment, reporting, and even therapy are essential.  Each of these steps assist in recovery.  These first steps also lay a foundation of medical, employment, and therapeutic records that will become important evidence in your case.

Emotional recovery is equally important. Survivors commonly experience anxiety, sleeplessness, anger, embarrassment, and even shame.  They often second-guess themselves after a traumatic event.

At the Law Office of Scott R. Herndon, we recognize that surviving discrimination in the Silicon Valley workplace is often not a legal battle at all. Rather, it is the beginning of a process of emotional and even physical recovery.  It is sometimes the beginning of a new career and a new life.  Only the best law firms work to use the law to facilitate this process of recovery for their clients.

Save Evidence Before It Disappears

You may not know yet whether you want to pursue legal action if you experience harassment in Silicon Valley, but preserving evidence now will afford you flexibility and options later. As time passes, electronic records, documents, and memories may become harder, if not impossible, to locate or reconstruct.

Helpful information to preserve may include:

  • Emails and text messages
  • Internal workplace chats
  • Social media messages
  • Photographs
  • Performance evaluations
  • Calendar entries
  • Personal notes describing what happened
  • Contact information of witnesses

It is also important to write down details while they are still fresh in your mind. Include the dates, locations, people involved, what was said or done, how you responded, and anything else you remember.

Understand Your Employer’s Complaint Procedures

Most California employers have written anti-harassment policies that explain how employees can report inappropriate conduct. Those policies often identify how to report harassment.

Part of responding carefully to harassment in Silicon Valley is becoming familiar with those procedures so you can make informed decisions about whether and how to report the conduct internally.

If you decide to report the harassment, consider keeping copies of documents such as:

  • Employee handbook policies
  • Complaint forms
  • Emails regarding your report
  • Investigation updates
  • Disciplinary notices
  • Any performance reviews or employment changes that occur afterward

Maintaining organized records may prove valuable if questions later arise about how your employer responded to your complaint.

Watch for Signs of Retaliation

California law generally prohibits employers from retaliating against employees for reporting unlawful harassment or participating in a workplace investigation.

Retaliation is not always obvious. It may include:

  • Demotion
  • Unwarranted disciplinary action
  • Reduced work hours
  • Less favorable schedules
  • Being excluded from meetings or advancement opportunities
  • Negative performance reviews
  • Termination

If you notice changes after reporting harassment, continue documenting what happens. In many situations, what you do after experiencing harassment in Silicon Valley involves addressing both the harassment itself and any retaliation that follows.

Speak to an Attorney About Responding to Workplace Harassment in California

If you have questions about your rights, contact The Law Office of Scott R. Herndon to discuss your circumstances and what to do after harassment occurs in Silicon Valley.

The decisions you make in the days and weeks after harassment can impact your legal rights and your recovery in meaningful ways. An effective attorney can evaluate the specific facts of your case, explain your legal options, and help you make informed decisions that reflect your goals. Call us today.