5 steps employment lawyers advise you to take if your rights have been violated

You feel your rights have been violated at work, you have fully investigated your issue, 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 lawyer, as there are few employment lawyers who work on behalf of employees compared to the number who work for employers. Follow these five steps to ensure your claim has the best chance of success.

1. Have a conversation with your employer

First, you must 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 going ahead 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 your coworkers 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 who engage in interstate commerce. If you are unsure about your company, call the Department of Labor’s Wage and Hour Division and they will let you know. They will also tell you if you need to file a state claim before proceeding with a federal claim, as sometimes all state remedies must be exhausted before you can file a claim 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 that of your employer, and documentation showing your position and salary. Written documents and evidence, such as pay stubs, work transcripts, hire and/or termination forms, and any pertinent receipts, will be more favorably considered by the court. If you have witness statements, employment lawyers will advise you to get them in writing.

4. File the formal complaint

When it’s time to file with the appropriate government agency, you’ll typically start with the agency that governs your type of claim, depending on whether you’re alleging discrimination, unfair hiring practices, workplace safety concerns, etc. You will then be directed to your local office. An investigation will be conducted and it will be determined if your employer is liable. Based on that determination, a remedy may be issued, such as an award of damages or an order to change the employer’s employment policies.

5. Follow the progress of the report

If no violation is found, or if you and your employer could not reach an agreement, it is up to you to decide if you want to take private action. Interviewing employment lawyers at this point and having your case reviewed is probably your best solution.

Following these five steps should help you build the most successful employment case.