In most jurisdictions, the law offers protection to workers against employer exploitation. The regulation differs depending on your profession and the size of the company. An employer should ensure the workplace is free of discrimination. It involves offering equal employment opportunities to every person regardless of their race, ethnicity, colour, sexual orientation, political affiliation and religion. Also, the remuneration should be fair depending on the work and hours you put into the tasks. If you work overtime, the pay should be higher than the regular hours.
The workplace should be safe to protect you from any hazards while undertaking your duties. Your information should stay private, and your employer has no right to share the information with unauthorized individuals. Still, it is your right to take time off after having a baby or if you want to care for a sick family member. On the other hand, sexual exploitation and abuse are rampant in the modern work setting. You can seek compensation for the violation with the help of a sexual harassment attorney. Regardless of the exploitation or discrimination by your employer, it is best to have a plan to get the best outcome. Here are the steps to follow when filing a lawsuit against your employer;
Escalate the Matter
Do not keep quiet about your workplace harassment. Escalating the matter is beneficial as you make the management aware of your predicaments. The human resource department should have a policy on escalating such issues. However, it is vital to be careful of what you do to avoid damaging your credibility and the case. We recommend talking to an attorney before doing anything.
A legal expert will advise you on what to do and say. Knowing your rights according to the constitution can help you present your case better. A lawyer will help you if you do not know your rights. Avoid attacking the person responsible but let your employer handle the case. Filing an incident report will document the issue and act as evidence. Keep a copy of the information to be safe.
Consolidate your Evidence
Evidence is essential in any legal proceeding, and it would help to consolidate information to aid your case. It includes communication between you and the company representatives. Other items are your contract document, company policies, operating procedures, and employee handbook. You can save email conversations but ensure it is according to the company regulations. Attaining information illegally will not help your case. You would rather have your attorney subpoena your employer into availing it.
File a Lawsuit
Most employers will play down their workers’ complaints, and taking legal action will give you justice for violating your rights. It takes time and money to undertake a lawsuit against your employer: you should be ready for the process. Court proceedings usually take time, and it would help to have a realistic expectation of the outcome. Your lawyer can prepare you for the lawsuit and what to expect throughout the process. However, most of the cases will settle before going to trial.
Talk to your lawyer about why you are suing your employer and the remedy you would want for the damages. It will ensure you get the desired outcome, but it is critical to gather enough to support your claims.