Most people who call our office have never sued anyone before. They are not looking for a fight — they are looking for an answer to a simpler question: what would this actually look like if I did something about it?
That uncertainty stops a lot of people from picking up the phone. So rather than talk in generalities, this article walks through exactly what happens, step by step, from the first phone call to a jury trial. We’ll also be candid about the parts that are difficult, including what happens to your privacy, because you deserve to know that before you decide — not after.
Step 1: The Intake Call
Your first contact with our firm is a phone call with a paralegal or an attorney. This call is short and its purpose is narrow: we want the basic facts. Who was involved, what happened, when it happened, whether you reported it, whether you’re still employed, and what has happened since.
You do not need documents, notes, or a prepared statement to make this call. You just need to tell us what happened.
If we believe we may be able to help you, our office will contact you to schedule a consultation with our principal attorney.
Step 2: A Free Consultation with Howard Rutten
The next step is a Zoom consultation with Howard Rutten. There is no charge for this consultation, and there is no obligation attached to it.
Expect it to last between 30 and 90 minutes, depending on the complexity of your situation. Some cases are straightforward; others involve years of history, multiple decision-makers, and a long paper trail. We take the time the facts require.
The consultation has two purposes:
- To determine whether you have a viable legal claim, and
- To determine whether we are the right firm to pursue it for you.
You should also use this time to evaluate us. Ask questions. This is a relationship that may last two years or more, and it should start with confidence on both sides.
Step 3: The Fee Agreement and Authorizations
If we move forward together, we’ll send you a package of documents to review and sign:
- A contingency fee agreement. We are paid a percentage of what we recover for you. You do not pay attorney’s fees out of pocket, and if we do not recover, you do not owe us a fee.
- A personnel file release, authorizing us to obtain your complete employment file from your employer. This file frequently contains material the employer would rather you not have: performance reviews that contradict their later story, complaint records, and internal correspondence.
- A HIPAA authorization, if you have received or intend to receive treatment — including mental health treatment — related to the harassment. This allows us to gather your medical records.
Take the time to read these documents. We’ll walk through every provision with you.
Step 4: An Honest Word About Your Privacy
This is the part of the conversation many firms save for later. We’d rather you hear it now.
If you pursue a claim for emotional distress arising from sexual harassment, your medical and mental health records become subject to discovery by your employer. Their attorneys will be permitted to obtain and review your treatment records. In many cases, that includes psychotherapy records.
The reason is straightforward, if unwelcome: when you place your emotional condition at issue in a lawsuit, the law gives the other side the ability to examine it. Your therapist’s notes about what you said in session may be read by opposing counsel. You may be questioned about your treatment history under oath.
There are strategic decisions that affect the scope of this — how emotional distress damages are framed can influence how far into your history the defense is permitted to reach — and that is a conversation we’ll have with you directly. But you should go into this with clear eyes. For many of our clients, holding an employer accountable is worth it. That is your decision to make, and you should make it with full information.
Step 5: Building the Record
Once your records arrive, we get to work.
We review everything — the personnel file, the medical records, your text messages, emails, complaint documentation, and anything else that touches your case. We construct a detailed chronological timeline of events, which becomes the spine of your case going forward.
We will then come back to you with follow-up questions. Almost always, the documents raise issues nobody thought about in the initial consultation. This is normal and it is productive.
Step 6: Filing with the California Civil Rights Department
Before a sexual harassment lawsuit can be filed in California, an administrative complaint must be filed with the California Civil Rights Department (CRD) — the agency formerly known as the DFEH. This is a mandatory prerequisite under California’s Fair Employment and Housing Act (FEHA), and we handle it for you.
Deadlines matter here. California imposes strict time limits on filing with the CRD, and additional deadlines run from the date a right-to-sue notice is issued. If you are wondering whether too much time has passed, that is a reason to call us sooner rather than later — not a reason to assume the door is closed.
Step 7: The Lawsuit
We prepare a complaint and send it to you for review before anything is filed. You will see it, read it, and have the opportunity to ask questions and request corrections. Nothing goes to the courthouse that you haven’t reviewed.
Once it’s filed, your case is officially underway — and the court will set a trial date, typically one to two years out.
Step 8: Written Discovery
Discovery is the formal exchange of information between the parties. It begins with written discovery, which includes:
- Interrogatories — written questions that must be answered in writing, under oath
- Requests for production of documents — demands for emails, personnel records, policies, complaint files, and other materials
- Requests for admission — demands that the other side admit or deny specific facts
Both sides participate. You will be asked to answer questions about your employment, your damages, your treatment, and the events at issue. We prepare every response with you.
Step 9: Depositions
A deposition is sworn testimony taken in front of a court reporter, outside of court. There is no judge present, but the testimony carries the same weight as testimony given at trial.
Your employer will take your deposition. We will prepare you thoroughly beforehand — what to expect, how the questioning works, and how to testify truthfully and effectively. Clients are frequently surprised at how manageable this is once they’ve been properly prepared.
We will take the depositions we need to prove your case. That typically includes:
- The harasser
- Human resources personnel who handled (or failed to handle) your complaint
- Managers and the decision-makers behind any termination or adverse action
- Coworkers and other witnesses
This phase is where cases are often won. Under oath, stories that seemed airtight in an HR memo tend to develop problems.
Step 10: Mediation and the Settlement Process
Once the depositions are complete and both sides have had the opportunity to evaluate the testimony, we’ll discuss whether mediation makes sense. Mediation is a private, confidential settlement negotiation conducted with a neutral third party — often a retired judge.
Two things are worth understanding about settlement:
First, the overwhelming majority of these cases settle. More than 90% of employment cases resolve without a trial.
Second, settlement is not all-or-nothing. It is a continuous process of evaluation, not a single event. If you attend a mediation and the case does not settle that day, that does not mean it won’t settle. In our experience, mediation frequently gets the ball rolling — the parties do real work, positions move, and a resolution comes together weeks or months later.
We will never pressure you to accept a settlement. Any offer is presented to you with our analysis, and the decision is always yours.
Step 11: Expert Witnesses (About 3 Months Before Trial)
Roughly three months out from trial, we retain expert witnesses. These typically include:
- A mental health expert to evaluate and testify about the psychological harm you’ve suffered
- An economist or vocational expert to quantify your economic losses — lost wages, lost benefits, diminished earning capacity, and future losses
Depending on the case, we may retain additional experts, such as an expert on employer policies and HR practices.
Step 12: Trial Preparation (About 2 Months Before Trial)
Two months before your trial date, preparation begins in earnest: witness preparation, exhibits, motions, jury instructions, and the development of the narrative your jury will hear.
We prepare every case as though it will be tried. That is not just diligence — it is leverage. Employers and their insurance carriers evaluate cases in part on whether opposing counsel is genuinely willing to stand up in front of a jury.
“But I Signed an Arbitration Agreement”
This is one of the most common reasons people never call a lawyer at all. They remember signing something on their first day and assume it forecloses their options.
In most cases, it does not.
Under the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, a person who brings a sexual harassment or sexual assault claim has the right to reject a pre-dispute arbitration agreement and proceed in court before a jury. The choice belongs to you, not your employer. The law applies to claims that arose on or after March 3, 2022.
If you signed an arbitration agreement, do not assume your case is over. Bring the agreement to your consultation and let us evaluate it.
The Realistic Timeline
| Phase | Typical Timing |
|---|---|
| Intake and consultation | Days to weeks |
| Records gathering and review | 1–3 months |
| CRD filing and lawsuit filed | Following records review |
| Written discovery | Several months after filing |
| Depositions | Mid-case |
| Mediation | After depositions |
| Experts retained | ~3 months before trial |
| Trial | 1–2 years from filing |
Every case is different, and cases resolve at every point along this timeline.
Frequently Asked Questions
How long do I have to file a sexual harassment claim in California?
Under California’s Fair Employment and Housing Act, you generally have three years from the last act of harassment to file an administrative complaint with the California Civil Rights Department, and one year from the date a right-to-sue notice is issued to file a lawsuit in court. Different deadlines can apply depending on your employer, the type of claim, and the specific facts — including shorter deadlines for public employers. Because these limits are strict and missing one can end a valid case, contact an attorney as early as possible.
How much does it cost to hire a sexual harassment lawyer?
We handle sexual harassment cases on a contingency fee basis. You pay no attorney’s fees out of pocket. Our fee is a percentage of what we recover on your behalf, and if we do not recover anything, you owe us no attorney’s fee. The initial intake call and the consultation with Howard Rutten are free.
Can I be fired for reporting sexual harassment or filing a claim?
Retaliation against an employee for reporting harassment, participating in an investigation, or filing a claim is illegal under California law. If your employer fires you, demotes you, cuts your hours, or otherwise punishes you for speaking up, that retaliation is itself a separate claim — and it often strengthens the overall case considerably.
What if I never reported the harassment to HR?
You can still have a viable case. Failure to report does not automatically bar a sexual harassment claim in California. There are many understandable reasons employees don’t report — fear of retaliation, the harasser being the person you’d report to, or an HR department with a track record of doing nothing. That said, whether and how you reported can affect the analysis and the damages available, so bring it up during your consultation.
Can I still file a claim if I already quit or was fired?
Yes. You do not need to still be employed to bring a sexual harassment claim. If you resigned because the harassment made your working conditions intolerable, you may also have a claim for constructive discharge, which treats a forced resignation as a termination.
Can I sue the individual who harassed me, or only my employer?
Both may be possible. Under California’s FEHA, individual harassers can be held personally liable for their own harassing conduct — not just the company. Employers can also be liable for harassment committed by non-employees such as clients, customers, or vendors when they knew or should have known about it and failed to act.
Will my employer see my therapy records?
If you’re claiming emotional distress damages, your medical and mental health records are generally subject to discovery by your employer’s attorneys. How your damages claim is framed can affect the scope of what they’re entitled to obtain. This is one of the most important things to discuss honestly with your attorney before filing, and we cover it directly in your consultation.
What if I signed an arbitration agreement?
You may still be able to take your case to a jury. The federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act allows a person bringing a sexual harassment or sexual assault claim to reject a pre-dispute arbitration agreement, for claims arising on or after March 3, 2022. The choice belongs to you, not your employer. Bring your agreement to your consultation.
Do I need “proof” like text messages or witnesses?
Not necessarily. Your own sworn testimony is evidence. Many strong cases are built without a single incriminating text message — through depositions, personnel records, HR complaint files, comparator evidence, and testimony from coworkers. If you do have documentation, save it. If you don’t, that is not a reason to skip the phone call.
How long does a sexual harassment case take in California?
Trial dates are typically set one to two years from the date the lawsuit is filed. However, more than 90% of these cases resolve before trial, and cases settle at every stage of the process — sometimes well before a trial date approaches.
How much is my sexual harassment case worth?
There is no formula. Case value depends on the severity and duration of the conduct, whether you lost your job, your lost wages and future earning capacity, the extent of emotional harm and treatment, the strength of the evidence, the employer’s conduct after you complained, and whether punitive damages are in play. Any attorney who gives you a number before reviewing your records and testimony is guessing. We give you a realistic assessment once we have the facts.
Do I have to go to trial?
Almost certainly not, but you should hire a firm prepared to. The overwhelming majority of employment cases settle. That said, employers and their insurers evaluate cases in part on whether opposing counsel is genuinely willing to try one — which is why we prepare every case as though it will be tried.
Talk to Us
You do not have to decide today whether to file a lawsuit. You only have to decide whether to have a conversation.
The intake call is confidential. The consultation with Howard Rutten is free. And if we take your case, you pay no attorney’s fees unless we recover for you.
Contact the Rutten Law Firm at www.CaliforniaLegalAdvocates.com to begin your confidential intake.
This article is provided for general informational purposes and does not constitute legal advice, nor does it create an attorney-client relationship. Legal deadlines in harassment cases are strict and unforgiving. If you believe you have been sexually harassed at work, consult an attorney promptly.