Asserting your
rights in the workplace
Here are several steps you can take to assert your legal
rights as an employee.
Talk to Your Employer -
- A logical discussion can resolve most injustices, or
at least get your differences out on the table. Most employers want to stay
within the law and avoid legal tangles. Chances are that your problem is
the result of an oversight, a misunderstanding or a lack of legal knowledge.
Be prepared when you present
your concerns to your employer -
Controlling your emotions. Problems in the workplace can
be stressful, but unfounded accusations and emotional outbursts won't help
you get your point across. Make sure you can remain professional and calm,
even if it means practicing what you are going to say before hand.
Know your rights -
The more you know about your legal rights in the workplace,
the more confident you will be in presenting your problem.
Stick to the facts -
Before meeting with your employer, write a brief summary
of what has gone wrong and your recommendation for resolving the problem.
Make sure not to leave any important facts out.
Document the Problem -
If talking things over with your employer does not resolve
the dispute, or if your employment situation seems to be headed downhill,
protect yourself by gathering documentation. Take notes of key conversations
and events, including the time, date, and names of others who were present.
Gather documents that might support your side of the story, such as company
policies, offer letters, performance reviews, memoranda, correspondence ,or
employee handbooks.
*DON'T TAKE
CONFIDENTIAL PROPERTY - collect only those documents
you have legitimate access to. Taking or copying confidential documents --
even if they are related to your dispute -- could get you fired and could
compromise your legal claims.
*GET STATEMENTS - If your coworkers saw or heard any of the
incidents that contributed to the problem (such as a verbal performance review,
a harassing comment, or a search of your workspace), ask them to write down
what they saw and heard in signed, dated statements.
Don't Miss Legal Deadlines -
If your boss isn't taking your complaint seriously, or
you have suffered an adverse employment action like a demotion, bad evaluation
or discipline including firing, you will have to decide whether to take legal
action. There are deadlines set by the law ("statutes of limitations")
for filing certain types of claims or lawsuits, ranging from several weeks
to several years. If one of these deadlines applies to your case, you may
have to make a quick decision about whether to go to court. You might want
to talk to a lawyer about your issue to determine the strength of your claims,
whether any filing deadlines apply to your dispute and what you might expect
to gain or lose if you file a lawsuit.
