Even if you don't have an HR department, is there a trustworthy person in a management role you can talk to? A union representative? A lot of employment issues can be resolved internally. The benefit of getting them resolved internally if possible is that you can usually continue working in peace, and - if you have a true "legal" issue - get it resolved before you suffer too much harm.
Even if it turns out to be a non-legal "fairness" issue, most employers want to hear about those and resolve them, too. One more benefit - if you did your best to resolve it internally, you will be in a stronger legal position if you do eventually have to sue. Have you consulted with an honest-to-goodness live, non-virtual employment lawyer, or someone with a government agency that handles your type of claim, such as the Equal Employment Opportunity Commission or your state Wage and Hour Division?
Do you have a friend who is an employment lawyer or HR professional who might be able to give you some free and sound advice? If so, have you given them all of the facts, both good and bad? What do they think you should do? If they're encouraging you to "build a bridge and get over it" or "quit," then maybe suing isn't such a good idea. If you claim emotional distress in a lawsuit, the employer is usually entitled to find out all about any trauma you may have suffered, including physical and sexual abuse, psychological conditions, psychiatric conditions, diseases, divorces, plastic surgeries, accidents, crimes, arrests, and deaths.
The employer can also get your medical and psychiatric records, at least within limits. If the employer finds out that you had any of these other things going on in your life, then it can argue to a judge or a jury that whatever it did to you "all of which the Defendant denies" was not that big a deal. How many jobs were you fired from before you got fired by this employer? Were you accused of embezzlement on your last job? Sexual harassment? The employer will be able to subpoena your personnel files from your past employers.
And are you ok with sitting across a table from your former co-workers and supervisors while they testify under oath that you were a lousy employee? Do you want a zillion dollars so you can buy that oceanfront mansion in Palm Beach , preferably with an infinity pool?
Do you want nothing more than your just compensation for the wrong that has been done to you? Do you want to vindicate not only yourself, but all of your co-workers? Do you want blood, and you don't care what you have to do to get it?
Depending on your goal, the litigation will be more or less of a living hell for you. It's called "failure to state a claim" or "summary judgment. Sometimes even a jury will stiff you. Are you absolutely sure you don't want to just quit and go to work someplace better? Obvious discrimination, while shocking, is easy to recognize and handle.
Subtle discrimination is often more difficult, as while you often feel uneasy, at the time you may not realize that you have been victim to discrimination. To bring a discrimination lawsuit against your employer, you must be able to prove four things. First, that you are part of a legally protected class. Second, that you are able to perform your job well. Third, that you have suffered a negative employment action. Fourth, that the negative employment action is based on your protected class. We want everyone in California to have a safe work environment.
Unfortunately, isolated incidents of inappropriate or offensive comments or jokes are not considered harassment by the law. However, constant comments or jokes are workplace harassments. It can bring about more serious hostile work environment complaints.
Harassment often happens due to an employee of protected status. Unwelcome sexual attention or advances in the workplace are illegal. If the sexual harassment is from a supervisor, manager, or boss, then the employee also faces negative employment action when they refuse the advances.
It is important to first file a complaint with HR or contact a neutral supervisor to give your employer a chance to rectify the situation. If no resolution occurs, you are entitled to seek legal action. If your boss retaliates against you for exercising your legal rights or helping another person exercise their legal rights, then you can sue your employer. Retaliation includes harassment, demotion, excessive schedule changes, and firing. You will be protected by the law against retaliation, and you can add retaliation to your original claim.
Off-the-clock labor work is often unpaid or does not add to overtime pay and is generally illegal. According to the wage and hour law of California, employers should not ask employees to work overtime without pay. Regardless, employers are required by California law to compensate employees for all off-hour work.
You can acquire help of a California employment lawyer to get the compensation that you are rightfully entitled to. Learn more about working off the clock. If you think you may have a case against your employer, contact attorney Brad Nakase for a free consultation. We will discuss your case and advise on next steps. If you plan to sue your employer, you will need a skilled California employment lawyer who knows the laws inside and out. Consult with us today.
However, once you have figured out that your legal rights may have been violated, what should you do about it? Here are several steps you can take to assert your legal rights. In many cases, your first step should be talking to your employer. An intelligent discussion can resolve most problems or, at least, get your differences out on the table.
Most companies want to stay within the law and avoid legal tangles. Unless you work for a truly uncaring and antagonistic employer, your situation is most likely the result of an oversight, a misunderstanding, or a lack of legal knowledge.
In addition to talking things through with your employer, protect yourself by documenting the problem. Take notes of key conversations and events, including the time, date, and names of others who were present. Gather documents that might support your side of the story, such as company policies, offer letters, performance reviews, memoranda, emails and other correspondence, and employee handbooks.
Be careful, however, to collect only those documents you have legitimate access to. Taking or copying confidential documents -- even if they are related to your dispute -- could get you fired and could compromise your legal claims. If your coworkers saw or heard any of the incidents that contributed to the problem such as a verbal performance review, a harassing comment, or a search of your workspace , ask them to write down what they saw and heard in signed, dated statements.
If your employer doesn't seem to be taking your complaint seriously, or you are demoted or fired, consider whether to take legal action. In making this decision, you'll need to take a close look at your motives, your evidence, and your willingness to spend the time and money that legal action requires. If you decide to go forward, make sure you meet your legal deadlines. The law sets time limits often called "statutes of limitations" for filing certain types of claims or lawsuits, ranging from several weeks to several years.
If one of these deadlines applies to your case, you will have to think sooner rather than later about whether to go to court. You might want to consult with a lawyer about your problem to figure out how strong your claims are, whether any filing deadlines apply to your dispute, and what you might expect to gain or lose if you file a lawsuit.
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Meet the Editors. Protect your rights in the workplace and get results. Depending on the size of your employer, the state where you work, and your profession, you may be entitled to certain legal protections in the workplace, including: the right not to be discriminated against because of your race, national origin, skin color, gender, pregnancy, religion, disability, genetic information, or age and, in some places, marital status, sexual orientation, gender identity, or other characteristics the right to a workplace free of harassment the right to be paid for hours worked: to be paid at least the minimum wage, plus an overtime premium for any hours worked over forty in one week or, in some places, over eight hours in one day the right to a safe workplace the right to take leave to care for your own or a family member's serious health condition or following the birth or adoption of a child, and the right to some privacy in personal matters.
Talk to Your Employer In many cases, your first step should be talking to your employer. Here are a few tips on how to present your concerns to your employer: Know your rights. The more you know about your rights going into the conversation, the more confident you will be in presenting your problem.
And, if your company is violating the law out of ignorance or by accident, you can point out what's going wrong.
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