When an employee feels as if their rights were violated by an employer they have both the legal and moral right to remedy the problems that they are facing as a result of the harm that is done towards them. Having said this, both parties may not agree with the facts and circumstances that are in place in the individual case that is being presented. To remedy this problem sometimes the use of the courts, or even a third party remediation party is needed. This article will provide some advice for steps that an employee should take when they believe that their rights have been violated by their employer.
To start with, an employee who feels like their rights have been violated should immediately contact a professional lawyer to obtain their legal advice. Many will provide some basic advice from the start and will identify whether or not they believe that there is the potential for you to make an claim upon your employer or not. In some situations an individual may be justified in feeling that something that their employer did to them was not morally right, only to find out that there was no violation of a law and that they have no rights to pursue an claim against their employer as a result. Other times, the case is very much the opposite and an lawyer may identify violations that would show that there was a violation and provide a course of action for pursuing a claim and negotiating the terms of that claim.
A major step that an employee should undertake is to document any claim that they have against their employer, both on their own informally, and with their employer, and be sure to save the documentation if possible. Keep written notes regarding the facts and circumstances faced and be sure to email it to yourself on your personal email so that you have a copy of the relevant fact pattern. Communicate the problems that you had with the human resources department and be sure to request a written document from them that documents the concerns that you rose to their attention. Document any responses to these claims that you do receive and try to store this documentation in a formal and professional manner. Be sure to maintain a copy with any lawyer that you choose to retain to represent you.
Finally, don’t forget that you can ask your employer for remediation for the issue that is causing you distress. Sometimes your employer is more than willing to get to the bottom of the problem that you are experiencing in work and can quickly and easily try to solve the problem that you are facing. Other employers are not willing to work with you and may even punish you as a result. If the latter case occurs you will increase your chances of an successful outcome in a lawsuit against your employer. If the first situation occurs then you may no longer have a problem. Honest discourse with your employer is often the best option for fixing a problem that you are facing at work.
Obtaining good legal advice is the key with employee related violations and try using a specialist attorney who focuses on legal matters surrounding employment. Doing so will not only result in the best and most expert advice possible on your legal matter, but will likely result in the best possible legal outcome for you as well.