If you have concerns that your employer has violated the law, you are likely very frustrated and not sure where to start addressing it. Speaking with an experienced employment law attorney is often a good first step. There are some considerations and information gathering you may want to engage in in order to ensure that that consultation is as productive as possible.
Most people who are at the point of wanting to sue have already done so, but if not, definitely try speaking with your supervisor and/or HR department about your concerns, even if that includes a union representative (if you do not have a trustworthy person in a management role to speak with). If you have done your best to resolve the issue internally, you will be in a better legal position to sue (if you do end up going that route).
One of the many reasons why consulting an experienced employment law attorney is necessary is that your attorney will be able to inform you as to whether your employer has actually violated the law as opposed to simply acting unfairly.
If you have not already, it is always a good idea to get a pulse on how other employees are treated by this employee (although this can sometimes be difficult due to confidentiality rules), as it can sometimes reveal a pattern and practice of discrimination
Similarly to the above, it is a good idea to have your pulse on how other employees have been treated, what they have seen, how they felt about it, etc., as the more support you have from other employees, the better.
Many people do not even contemplate suing until they have left their employer, but this is not absolutely required. Still, if you cannot leave this employment for one reason or another, you may want to chat with your attorney about other potential solutions to your problem.
The employment law attorneys of Marshall Forman & Schlein have decades of experience counseling employees and representing them in litigation, including on issues such as discrimination, sexual harassment, wrongful termination, and more. Contact us today to schedule a free consultation and find out more.
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