Employment disputes can be awkward and challenging, especially if you are unfamiliar with the legal system. As an employee, learning your rights is crucial to navigating a dispute with your employer. Serious conflicts in the workplace, between employer and employee, should be promptly addressed as they can snowball into massive dilemmas and occasionally even dangerous situations. In fact, when witnessing or experiencing any unsafe or illegal business activities, California’s Law Enforcement Task Force (LETF) encourages you to inform them by filing a report. Below are tips on handling a dispute with your employer and the best way to protect your interests.
Tip #1: Keep a Record of Everything
If you’re experiencing a problem with your employer, first, you should keep a record of everything. Write down what happened, when the conflict transpired or started, who was involved, and think of any witnesses and note down their names and contact information if possible. You should also keep copies of any emails, letters, or other documentation related to the dispute. If you decide to take legal action, such documents and information will be highly beneficial during your case and a tremendous aid to your attorney.
Tip #2: Communicate with Your Employer
Communication is critical in resolving or processing a dispute. When possible, communicate with your employer regarding the issues that have resulted in the conflict. If you’re experiencing harassment, discrimination, or retaliation, document it and report it to your employer’s human resources (HR) department. If the employer has made you feel unsafe, discriminated or harassed you, it may be best to pursue the internal avenue of HR first and consult with a skilled workplace discrimination and employment litigation attorney.
If you’re having a dispute over your contract or pay, try to discuss it with your employer and come to a resolution. If you’re uncomfortable discussing the issue directly with your employer, consider contacting an employment law attorney for guidance.
Tip #3: Seek Legal Advice
If you’ve tried to resolve the dispute with your employer but haven’t been successful, it may be time to seek legal advice. An employment law attorney can help you grasp your rights as an employee, advise you on the best course of action, and represent you in court if necessary.
Before hiring an attorney, it’s necessary to do your research and find someone specializing in employment law. Look for an attorney with experience handling cases similar to yours, and read reviews from previous clients. In addition, when going for a consultation, do not hesitate to compile a list of questions for the attorney regarding his prior case experience, similar cases to yours, questions that pertain to your case, the area you work in, and more. Forming a list of key details related to the dispute is essential. For example, should your matter involve harassment, discrimination, retaliation, wrongful termination, or other unlawful actions and behaviors, your attorney should explain what rights have been violated, including reviewing labor code violations or discussing the protected characteristics under California’s Fair Employment and Housing Act (FEHA). A skilled and patient attorney will be happy to field your questions and serve as an endless source of knowledge and resources.
Tip #4: Know Your Rights
It’s vital to know your rights as an employee. California has several employment laws in place to safeguard workers from adverse elements and actions like discrimination, harassment, and retaliation. Some of these laws include:
- California Fair Employment and Housing Act (FEHA)
- California Family Rights Act (CFRA)
- California Labor Code
- Fair Labor Standards Act (FLSA)
Understanding your rights can assist you in identifying any potential violations and offer you the knowledge you need to protect yourself.
Tip #5: Consider Mediation
Mediation is usually the next recourse if you’re having a dispute with your employer that cannot be resolved internally, i.e., via HR. Mediation is a process where a neutral third party helps both parties come to a resolution. It’s a less formal and less expensive alternative to going to court.
Mediation can be a good option if you’re looking for a quick and peaceful resolution. However, remember that mediation is not always successful, and you may still need to take more significant legal action if the parties involved cannot arrive at a solution.
Tip #6: Addressing Retaliation Appropriately
Retaliation is illegal, and it can only make the situation worse. If you’re experiencing harassment, discrimination, or other unlawful behavior, report it to your employer’s human resources department or an employment law attorney.
If you’re concerned about retaliation, document everything and report any retaliation to your employer or attorney immediately.
Tip #7: Be Prepared
Employment disputes are not typically resolved in a day; they may span a period, and the length varies from case to case and the related circumstances. At any rate, it is best to enter the process with the proper mindset; the dispute will take time to mitigate and arrive at a suitable resolution. Depending on a case’s complexity, it may take months to conclude successfully.
Having a plan and a support system to rely on throughout the matter is imperative in successfully completing the process and maintaining your emotional well-being. Stay organized and informed, focus on your goals, and keep your expectations in check.
Handling a dispute with your employer can feel overwhelming or even challenging, but with the right approach, you can protect your rights and come to a resolution.
Tip #8 Hiring an Attorney
Handling a dispute with your employer can be a stressful and challenging process. However, by understanding your rights, keeping detailed records, communicating, exploring all your options, considering mediation, being open to arbitration, developing realistic expectations, seeking legal guidance, and remaining professional, you can protect your rights and increase your likelihood of resolving the dispute in your favor.
Following or during a dispute with an employer, seek legal advice from a proficient employment law attorney. An attorney can inform you of all viable options, help you comprehend your rights, provide recommendations on addressing the matter, and represent you in legal proceedings when necessary.
Our experienced employment law attorneys in the San Francisco Bay Area has helped numerous employees resolve disputes with their employers. Schedule a free consultation if you need legal advice or representation for employment disputes. We are here to safeguard your rights and achieve a fair and just resolution to your workplace dispute.
