Looking to learn how to make a workplace claim? Then you are probably going to need a practiced employment lawyer to help you. As your lawyer will inform you, you are probably entitled to legal protections at work – depending on your state, your profession, and the size of your employer. These protections include, but are not limited to:
- Freedoms against workplace harassment and discrimination based on age, genetic information, disability, religion, pregnancy, gender, skin color, national origin, or race (and, gender identity, sexual orientation, and marital status in some instances).
- The right to be paid for the hours you work, to receive a minimum wage, and to get overtime premiums for all after hours worked
- The right to work in a safe environment
- The right to receive permission to leave work to take care for your serious health conditions, or a family member’s, and following the adoption/birth of a child
- The right to privacy in your personal matters
Your employment lawyer will explain all these rights and freedoms in greater detail. After figuring your legal rights and knowing that they have been infringed upon, what should be your next course of action? Use the following to assert your rights and learn how to make a workplace claim:
1. Talk to the Employer
Before you start the process of investigating how to make a claim at your workplace, start by talking to your boss. Most of the problems you experience at work can be resolved through an openly intelligent discussion.
Similarly, most employers wish to abide by the law and veer off legal tangles. Therefore, unless your employer is truly antagonistic and uncaring, you might discover that your rights were violated due to a lack of knowledge, a small misunderstanding or an oversight.
However, you still need to know how to go about presenting your concerns to your boss. To do so, following is a list of recommendations to use:
a) Understand Your Rights
The better informed you are, the easier it will to present your problem or concern to your employer. If the company is violating your rights by accident or out of a lack of knowledge, you can use your discretion to point out what is bothering you.
b) Be Factual
Before you sit down with your boss, summarize the problem and come up with some appropriate recommendations for resolving the issues. As you do this, ensure that your recollection of events, figures, and dates is as accurate as possible. Your employment lawyer might help you do this. Then, present your case in a clear, concise and factual way.
c) Fight Emotions
It is stressful to deal with a problem at work. However, emotional outbursts and unfounded accusations will only make matters worse. This is why you need to practice the presentation several times before the meeting. Then, ensure you remain calm and professional during the encounter.
d) Be Discreet
Always ensure that discussions revolving around workplace issues are private. These problems tend to be upsetting and divisive for everyone concerned.
e) Follow Up
Always stay in touch with your employer after the meeting. If they promised something, check back with them to find out whether they were able to accomplish that which had been agreed to during the meeting.
2. Document Everything
Apart from sitting down with your employer, your employment lawyer will advise you to document everything. Take careful notes of key events and conversations – including the date, time, venue, and everyone who was present. Then, gather every document that might support your story – including employee handbooks, correspondences, emails, memoranda, performance reviews, offer letters, and company policies.
3. Take Legal Action
In case your boss does not seem to take your complaints seriously and/or you get fired or demoted as a result of these events, learn how to make a workplace claim with a professional employment lawyer. While making such a decision to file a claim, your lawyer will help you review your evidence, your motives, and your willingness and ability to spend money and time required by the legal action processes.
Some of the factors to consider while making such a claim include:
- The results you are looking for
- The strength of your case and claims
- Your ability to afford a lawsuit
In case you decide to go through with the claim, ensure you meet the legal deadlines. There are statutes of limitations (time limits) governing the filing of certain types of lawsuits and claims.
Contact The Brown Firm PLLC Today
Looking for a professional employment lawyer to help you learn how to make a workplace claim? Need an expert to guide you through the process of suing your employer? Then, you should get in touch with us today by giving us a call or sending us a message online. We will help you do all of the above so that you can come out victorious at the end of the legal suit.