Table of Contents
Before Consulting a Lawyer on Workplace Harassment
Introduction: Why Preparation Matters
Workplace harassment—whether sexual, verbal, or discriminatory—can deeply affect your mental health, career, and reputation. Many employees hesitate to report harassment out of fear of retaliation, job loss, or being disbelieved. Yet, preparing properly before consulting a lawyer is crucial. It helps you protect your rights, strengthens your position, and ensures that when you meet a lawyer, they have the right foundation to pursue justice effectively.
Steps You Can Take Before Seeing a Lawyer
- Recognize and define harassment: understand whether your experience qualifies legally as harassment.
- Use internal reporting mechanisms: if safe, report through HR or official grievance procedures.
- Protect your mental health: speak to a trusted colleague or counselor if possible.
- Maintain professionalism: continue your duties to avoid disciplinary claims against you.
- Preserve evidence immediately: save records before they are deleted or altered.
Evidence and Documents to Gather
- Emails, texts, or chat messages with inappropriate content.
- Screenshots of online harassment with timestamps.
- Witness statements from colleagues.
- Records of internal complaints or HR meetings.
- Employee handbook, HR policies, and employment contract.
- Medical or therapy notes if health was affected.
- Correspondence showing retaliation, such as denied promotions or sudden poor reviews.
- Collect all digital communications.
- Keep a personal diary of incidents with dates and details.
- Save copies of company policies.
- Note down names of witnesses.
Common Mistakes Clients Make
- Waiting too long before acting—statutes of limitation may apply.
- Deleting offensive messages instead of saving them.
- Relying only on verbal complaints with no documentation.
- Reacting emotionally in ways that can be used against them.
- Resigning immediately without seeking advice.
Common Misconceptions
- If I report, nothing will happen. – Many companies act when presented with clear evidence.
- A lawyer can fix everything instantly. – Legal processes take time; preparation matters.
- Harassment must be physical to be illegal. – Verbal, written, or psychological harassment also qualifies.
- HR will always protect me. – HR primarily represents the company’s interests.
Preparing for the Consultation
Bring the following to your first meeting with a lawyer:
- A timeline of incidents (dates, locations, people involved).
- Copies of all evidence gathered.
- Notes on how harassment affected your work or health.
- Company responses to your complaints.
Questions to Ask Your Lawyer
- What legal remedies are available in Nigeria or internationally?
- How strong is my case based on the evidence?
- What compensation or remedies can I realistically expect?
- What are the risks of pursuing legal action?
- Is mediation or settlement advisable in my situation?
Practical Insights
Frequently Asked Questions (FAQs)
1. Can I sue my employer directly for harassment?
Yes, if the employer knew or should have known about the harassment and failed to act.
2. What if the harasser is my boss or HR manager?
You can still make a report, and your lawyer can advise on external reporting.
3. How long do I have to file a complaint in Nigeria?
Timelines vary, but act promptly to preserve your rights.
4. Will I lose my job if I file a case?
Retaliation is unlawful, though some employers attempt it. Proper documentation helps.
5. Is mediation an option?
Yes, many harassment claims are resolved through mediation or negotiation before court.
Final Thoughts
Before consulting a lawyer on workplace harassment, your preparation can make the difference between a weak claim and a strong one. By documenting, reporting, and avoiding missteps, you empower your lawyer to protect your rights and pursue justice effectively.