B.J. Bernstein (left) and Cheryl Legare of Legare Attwood & Wolfe

For all the revelations of once-secret workplace sexual harassment and assault that the #MeToo movement has uncovered, turning those into winnable lawsuits is another story.

Atlanta trial lawyer and legal commentator B.J. Bernstein has produced a 30-minute podcast about how she believes it can be done. In “Law Talk with B.J.,” Bernstein invited one of her own “go-to” employment lawyers—Cheryl Legare of Legare Attwood & Wolfe—to answer questions about which #MeToo disclosures to pursue legally.

Legare said the first question she asks new or prospective clients is, “When?”

When was the last time this happened? If this was a long-ago trauma just disclosed, then truth-telling alone might be the extent of the value. These charges, like other workplace grievances, typically start as complaints to the U.S. Equal Employment Opportunity Commission. The statute of limitations varies from 180 days to 300 days, depending on the state, Legare said.

Legare said she encourages pursuance of criminal charges where warranted. “The civil angle is harder to prove,” she said.

She said she sees more workplace sexual harassment complaints coming from smaller companies, both urban and rural. But all companies should think hard about after-hours events and travel junkets where alcohol flows freely. “Nothing good happens after 5,” Legare said.

Even if a sexual harassment claim does have a legal path forward, sometimes the lawyer or the client should rule them out because of the personal toll. “Litigation is not easy,” Legare said. “Sometimes I have to tell people, 'I'm not sure you can handle litigation or that it's not good for you.'”

People often are surprised to learn that their own personal medical, psychiatric and financial records can become public as part of the process. Also, they find that having filed a lawsuit can hurt their chances of finding other jobs. The complaint becomes a public record and likely the first item that shows up on a Google search. Legare said she has had clients who couldn't find another job in their field because potential employers were scared off by a prior lawsuit.

“I encourage people to take some time and think about it,” Legare said.

Bernstein noted that, even with the challenges, Legare has had success stories with such lawsuits.

“We are at a time of rebirth and renewal of justice in the workplace,” Bernstein said.

She noted that the 30-minute podcasts—all over a cup of tea—allow her more time to explore litigation and social issues than her regular three-minute spots as a television legal commentator.