You feel your rights have been violated at work, you have thoroughly investigated your problem, and you believe you have a good case to make against your employer. Now what? It can be difficult to find a qualified and experienced attorney, as there are fewer employment attorneys working on behalf of employees compared to the number working for employers. Follow these five steps to ensure your claim has the best chance of success.
1. Have a conversation with your employer
You must first file your complaint statement with your company’s human resources department. Sometimes filing with Human Resources first can provide a temporary or even permanent solution to the problem. You may also want to talk to your boss to see if the problem can be resolved before moving forward with a formal complaint. Make sure you are professional and courteous and avoid personal attacks. Keep a written record of all conversations and try not to gossip with co-workers about the situation. If a conversation occurs, follow up by email with a summary of that conversation.
2. Determine if your employer is subject to federal law
The Family Medical Leave Act, the Fair Labor Standards Act, and certain other federal laws govern employers involved in interstate commerce. If you’re not sure about your company, call the Department of Labor’s Wage and Hour Division and they’ll tell you. They will also tell you if you need to file a state claim before proceeding with a federal claim, as sometimes all state resources must be exhausted before a claim can be filed at the federal level. Experienced employment lawyers can be particularly helpful at this stage.
3. Gather all the required information
When you prepare to file your complaint, make sure you have collected all the required information. You will need your contact information, as well as your employer, and documentation showing your position and salary. The court will give more favorable consideration to written documents and evidence, such as pay stubs, job transcripts, hiring and/or termination forms, and any relevant receipts. If you have witness statements, employment lawyers will advise you to get them in writing.
4. File the formal complaint
When it comes time to file with the appropriate government agency, you will generally start with the agency that governs your type of claim, depending on whether you are alleging discrimination, unfair hiring practices, workplace safety issues, etc. You will then be directed to your local office. An investigation will be conducted and it will be determined if your employer is responsible. Based on that determination, a remedy, such as an award of damages or an order to change the employer’s employment policies, may be issued.
5. Follow the progress of the complaint
If no violation is found, or if you and your employer couldn’t reach an agreement, it’s up to you to decide whether you want to take private action. Interviewing employment attorneys at this point and having them review your case is probably your best solution.
Following these five steps should help you build the most successful employment case.