There are various actions an employee may take if they believe an employer has violated their rights. Some of the most common types of employment claims include discrimination, hostile work environments, and wage and hour pay violations, and FMLA claims. Taking action against an employer may seem intimidating but taking the proper steps from the outset will help make the process easier and will also protect your claim. If you are considering filing an employment claim, below are five critical steps you should take.
It is important to document anything that involves a complaint you make, or the incident that made you suspect that your employer is violating your rights. You should always try to make a complaint in writing and if that is not possible, document it in detail as soon as possible. For example, if you have a conversation with Human Resources over the phone, you should follow up with an email. Documentation will help prove your claim and prevent your employer from walking back their statements at a later date.
Memories fade over time and you may forget events that happened, even when they were very important at the time. Creating a contemporaneous timeline using your documentation will help keep those memories fresh and ensure you do not omit any important details in your claim. Be as specific as possible when drafting the timeline, and update it frequently, particularly when there is a new development in your situation.
Tangible evidence is important in employment but often, it is digital evidence that is the most common in employment claims. This evidence includes emails, text messages, social media posts and messages, and other electronic data. Not only will preserving this evidence help a potential case, but in a lawsuit you are also required to preserve any evidence that is relevant to your employment situation.
If you were fired from your job, you are required to mitigate your losses by looking for new work. Even if you cannot find a job, you should document the places of employment you applied to, interview dates and who you spoke with, and any offers of employment you received. Certain networking sites allow you to create a profile and will keep a record of any applications you submitted, which can make documenting your job search much easier. You do not have to accept a job that pays substantially less than what you once made, but you are expected to look for comparable employment.
Many people take immediate action, such as quitting their job, when an employer has violated their rights. This can be is a mistake that can negatively affect your right to file a claim, so it is important to speak with a Columbus employment lawyer before quitting or taking any action against an employer. At Marshall Forman & Schlein LLC, our experienced attorneys can advise on your claim and the pros and cons of a potential lawsuit. If you feel as though your employer has violated your rights, call us today or contact us online to schedule a meeting with one of our attorneys.
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