How Do I Assert My Legal Right Against My Employer?

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How Do I Assert My Legal Right Against My Employer?

If you’re treated unfairly by your employer, the law protects you. Hiring an attorney ensures you get the right compensation or justice for any discriminatory or workplace violations. Experienced employment lawyers can help if you need advice on matters related to employment. They can also teach you on matters related to state and federal laws. Knowing when to lawyer up can make all the difference between the reasonable recovery of lost wages, time or damages, and never receiving any compensation for those losses. You need to know the steps to take in order to assert your rights.

Some of the Common Workplace Conflicts

According to employment law, workplace conflicts arise due to a variety of reasons in work situations and settings. Most of these disputes arise between employers and employees, as well as conflicts between employees. Each state has laws that govern these disputes. Additionally, each dispute requires an experienced employment attorney, especially discriminatory disputes. Before taking any step to assert your rights, you need to understand what they constitute. You can look for an employment lawyer to educate you or can read the laws in place by yourself. Some of these rights include:

  • Right to a safe workplace
  • Right not to be wrongfully termination
  • Right for your overtime claims
  • Protection against retaliation
  • Protection against being discriminated based on sex, religion, race or gender or even being harassed
  • Right to take a leave to care for a newborn or due to illness

If you have suffered any of the above workplace conflicts, you are entitled to certain legal protection. This will mostly depend on your profession or the state you work from. If you’re not sure about what to do, talking to an employment attorney in Orange County may help. He/she will guide you on the steps to be followed to seek a resolution for your case. While people may advise you to get in contact with human resource representatives, it’s tough, especially if you’re dealing with a high positioned employer. The best thing is to consult an employment attorney for guidance on workplace disputes.

Which Steps Do I Take To Assert My Legal Rights?

Once you have figured out that your rights have been violated, you need to take some steps.

  • Communicate with your employer

Once your workplace rights are violated, you can try to resolve them by sitting together with your boss. The issue may be a result of a misunderstanding or a minor mistake that can be corrected. Most of the employers want to follow the law; others are ignorant of their legal obligations. But how do you present your concerns? Here is how:

  1. Know your rights- It may help to write down everything needed. Point out which laws have been violated
  2. Stay cool-Don’t be too emotional when presenting your problems. Workplace issues can be overwhelming. Your emotions won’t help you and this moment.
  3. Give facts only- Collect all the information needed; you can give dates, figures or anything required to make a possible solution
  4. Be modest- Everything should be handled privately. Don’t make other employees take sides with you. Ask your employer for an appointment for a private discussion. Before ending the meeting, you should inquire of the next steps to be taken, e.g. what will the company do next to settle the dispute.
  5. Follow up – After the meeting, keep in touch with your employer. If he/she made promises, keep checking back to know the course of action being taken. If there is no progress after a few weeks, you may decide to schedule another meeting to discuss any progress.   
  • Document Everything Important

After the meeting, you need to take note of the conversations, time and names of anybody who was included. Collect the necessary documents in line with your dispute. This may consist of memoranda, performance reviews or any other document to support your argument. Be sure to collect only what you’re legally supposed to because you could get fired for taking confidential documents.

  • Consider Legal Action

If your employer is reluctant to take any step, consider taking legal action. To pursue legal action, you need to know how strong your case is or whether you can afford a lawsuit. After confirming everything is okay and you decide to move on, make sure to follow the legal requirements. You have to act as soon as possible to ensure you’re within the statutes of limitations. Going against the set limits may deny you the opportunity to fight for your rights. At this point, you may wish to consult an employment attorney who will give the best decision regarding your claims. An experienced lawyer can tell whether you will lose or gain in case of a lawsuit.