EMPLOYEES may experience unfair practices at work such as the non-payment of overtime or missed breaks, wrongful termination, unlawful deductions, discrimination, or sexual harassment. How can employees protect themselves against an unfair or abusive employer? The following strategies are suggested:
Gather the necessary documents that support your claim. These documents include all pay stubs, time cards or other documents reflecting the hours you start and end work, employer memos, e-mails, and every handwritten note or communication with your employer.
Obtain your personnel file. Employers are required to keep a Personnel File of each employee. Employees have a right to obtain a copy of their file. Strictly abiding by company rules, the employee should try to secure copies of the following: performance evaluations, disciplinary warnings or reprimands, letters of thanks or praise from managers, customers or co-workers, attendance records, or documents describing work rules, policies and procedures; work assignments, organizational charts, etc.
Identify possible witnesses who can corroborate your claim. Fellow workers who may have witnessed any wrongful treatment against you may testify on your behalf. Persuade them to put in writing their statements. The sooner you get their statements, the better because their recollection of events may not be as accurate after a long time. The statements must specifically state dates, names, and other facts related to the issue.
Make a list of these friendly witnesses’ names, addresses, and telephone numbers, and positions in the company. It will also help to look for current or former employees who may have been similarly treated unfairly by your employer, as they can boost the case against the employer.
Make sure you perform your job properly and correctly. Do not give the employer any reason to lawfully terminate or suspend you. If you are issued a memo criticizing your work, send a prompt, factual and non-emotional response explaining your side of the issue.
Employees who first try to resolve their issues with their employer must conduct themselves with civility and professionalism at all times. Communications must preferably be in writing to eliminate misunderstanding on either side.
Employees who decide to file their claims in court must expect that employers will present a story different from theirs. It is important that employees be prepared with evidence that support their claim. There is nothing more powerful than truth that can be proven with real facts before a judge or a jury.
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C. Joe Sayas, Jr., Esq. is an experienced trial attorney who has successfully obtained significant results, including several million dollar recoveries for consumers against insurance companies and employers. He has been selected as a Super Lawyer by the Los Angeles Magazine, and is a member of the Million Dollar-Advocates Forum – a prestigious group of trial lawyers whose membership is limited to those who have demonstrated exceptional skill, experience and excellence in advocacy. He has been featured in the cover of Los Angeles Daily Journal’s Verdicts and Settlements for his professional accomplishments and recipient of numerous awards from community and media organizations. His litigation practice concentrates in the following areas: wage and hour (overtime) litigation, serious personal injuries, wrongful death, insurance claims, and unfair business practices. His law firm is currently class counsel to thousands of employees seeking payment of wages in California courts. You can visit his website at www.joesayaslaw.com or contact his office by telephone at (818) 291-0088. Inquiries to his law office are welcome and at no cost.