Your rights as an employee depend on labor laws in the jurisdiction where you work. For example, in the EU, there are many more laws designed to protect employee rights than there are in the USA. However, many legal experts say that US employees tend to fall into two camps: those who think they have more rights than they actually do, and those who don’t know about the rights they actually do have. Whichever camp you fall into, approaching an employment law firm for advice if you think your rights are being infringed will help you to discover where you stand. But before you do so, there are a few steps you should take.
Talk to Your Direct Superior
Most businesses will go a little further than the law requires in order to keep trained employees, so even if the right you’re concerned about isn’t defined by law, taking action within the company in which you work can be helpful. However, it’s not a matter of making demands – at least, not just yet. Your first step is to professionally express your concerns to your direct supervisor or manager and ask them whether they can help you. Since you suspect a rights infringement, it’s best to do so in writing so that you have a record of raising the concern, and with luck, a written response to it.
Always keep language unemotional and direct. Simply state your concern and say what you think should be done to address it. Keep it courteous. However, if your direct superior has physically threatened or abused you and you have proof, you have grounds to skip internal action and get legal advice right away.
Take it to HR
Retaining staff is part of any HR department’s responsibilities. Staff turnover is costly, and so is litigation, and they, more than other managers in the business, know what the law requires in terms of your rights. Once again, state not only your issue, but what you think should be done about it and keep as many written records of your communications with HR as you can collect.
In a best case scenario, they will take steps to address your grievance, particularly if your case demonstrates issues with the business’s adherence to employment law.
Get Legal Advice – and Start Looking for a New Job
If all your initial overtures have failed, it’s time to talk to employment lawyers to find out just where you stand in terms of employment law. Will you be able to prosecute successfully? Your lawyer will advise you. Infringement of some rights, such as your right to be paid for overtime, are quite easy to prove and prosecute, and even more difficult matters, such as discrimination in the workplace aren’t impossible to address through the courts.
However, since things have progressed to a level where you are unhappy enough with the situation to consider suing your employers, it’s wisest to start looking for a new job at the same time. The sad truth is that even if you’re fully justified in taking legal action, there are many very subtle ways in which your employer can make you feel even more uncomfortable at work. And if your employment is in an “at will” state, you can be dismissed very easily for arbitrary reasons. Your lawyer will discuss possible protections and outcomes with you during your consultation.
Decide Whether You Want to Follow Through
Once you have professional advice, you’ll be in a good position to decide whether you will take your matter to court. Despite limited protections for employees in the US, many large companies have successfully been prosecuted for workplace rights infringements. Compare the possible benefits of going through with a lawsuit to the personal and career costs that go with it. Yes. If you read that as “employers often get away with it,” it’s all too true. If you have a genuine case, it will be up to you to decide whether you will hold them to account.
