If you have a dispute with your employer or think they are violating your rights, it is essential to consult a competent, experienced employment lawyer about the matter. Employment law is a complex and evolving area, and it can sometimes be difficult for many employees to understand how the legalities apply to their specific situations. By searching online for an “employment rights attorney near me,” you can hire a lawyer to give you valuable advice and look out for your interests.
Five steps you can take if your rights have been violated
As the lawyer you find by searching online for “employment rights attorney near me” will inform you, you need to take the following five steps if your workplace rights have been violated:
1. Gather evidence of the workplace rights violation
Since you may need to prove that your employer violated your workplace rights, it is crucial to gather sufficient verifiable evidence. The evidence you gather can include phone records, text messages, emails, voicemails, memos, pay stubs, work logs, and so on. You should organize it and make copies to give to your employer, manager, HR department, or government agencies.
2. Discuss the matter with your employer
It is essential to approach your employer and discuss the rights violation matter in a reasonable manner. You can present them with the supporting documentation. If your employer was unaware they were violating your legal rights, they might be willing to rectify the situation. In case they were aware of it and now understand that you know your rights, then they might step back. If they continue to violate your rights, you can take legal action.
3. File a formal complaint with the HR department
Your company may have a specific procedure for making rights violation complaints. Usually, you need to file a formal complaint with the HR department to move the matter forward. It is advisable to save copies of this complaint and all other communication you have with the HR department in case you need it as legal evidence.
4. File a claim with the appropriate state or federal agencies
If the HR department fails to provide a reasonable solution for the violation of the rights, you can file a complaint with a state or federal agency. You can file a discrimination-related complaint with the U.S. Equal Employment Opportunity Commission or the California Department of Fair Employment and Housing. If you want to file a complaint about a workplace safety issue, do that with the U.S. Occupational Safety and Health Administration or the California Division of Occupational Safety and Health. You can contact the California Labor Commissioner for complaints related to wage and hour issues.
5. Hire an experienced employment rights attorney
You can search online for “employment rights attorney near me” and find a lawyer in your area. Aside from having them review the legal merits of your case, ask about their fees and any other legal expenses you might incur. Also, inquire if they take cases on a contingency basis.