A Definitive Guide to Filing a Claim Against Your Employer

A lot of state and federal laws are focusing on the relations between workers and their employers. There are some rules that certainly must be followed, and one of them is that an employer is obligated to provide their hourly workers with at least minimum remuneration plus time, as well as one-half for any hours over forty during a workweek.

Besides that, employers are not allowed to discriminate against their employees based on gender, ethnicity, race, age, religion, or disability. If an employer fails to follow these rules, he or she must give you some sort of compensation.

If he/she doesn’t do it, you have the right to file a complaint against that individual. If you are currently going through some type of harassment or you do not think that your boss is treating you well, do these things if filing a claim is your next step.

Ways To Start A Workplace Claim Against Your Employer 

Talk To Your Boss

Before you proceed with filing your complaint, maybe it would be smart to first talk to your boss, or if that’s not possible, then try to reach the human resource department to see whether you are going to be able to resolve the problem without involving anybody else.

  1. In this situation, you have to be very calm and ensure not to get too emotional. Although it is a very stressful moment and you know that your boss doesn’t deserve any respect, you should still remain cool, collected, and professional.
  2. Document everything that is currently going on. If you are having oral conversations, write down anything your employer says if you are not able to record him/her.
  3. If the conversation occurs, it would be recommendable to either send a written letter or an email to the individual with whom you talked one day after the conversation. Furthermore, you can accentuate when the conversation has happened and how you felt during it.
  4. Avoid gossiping about anybody, especially your colleagues. No matter how stressed and upset you are, spreading rumors is only going to make things worse.

Opt For Legal Action

If you get a feeling like your boss isn’t taking you seriously, or he/she starts threatening you, then it’s time to take some legal action. In this case, it’s crucial to find a great attorney. Legal professionals at https://eclaw.com/ suggest that it would be smart to find somebody who is willing to take a look at your evidence, motives and is willing to invest themselves into your case. These are the questions that you need to ask yourself:

  • What results do you want to accomplish? – If you are expecting a huge payday, then your expectations may be too high. Bear in mind that a lot of legal claims unfortunately never get to trial. Even though you are angry and frustrated, these emotions do not represent a powerful basis for a high-quality lawsuit.
  • Is your case strong enough? – Your success highly depends on the strength of your evidence. If you want to win, you must show that by providing the court with reliable documents and prove that your rights were breached. Being disappointed or suspicious doesn’t mean that you are having omnipotent evidence. You are just demonstrating your emotions, nothing else.
  • Do you have enough money for a lawsuit? – Filing a claim to anybody requires a lot of time, as well as money. Now, if your case is good enough, then maybe you’ll be able to find an attorney who is going to take it on a contingency basis, which means that he or she is going to get his/her fee after you win the case. On the other hand, if your case is too weak, then you’ll be forced to set aside lots of money to be able to even go to court.

You Can Do This As Well…

Relax And Let The Law Take Its Course 

If you were lucky enough to find an excellent solicitor and now he or she has filed a formal complaint, then you should know that the court process is simply going to unfold. Now, you should bear in mind that for a certain period of time, you will have to stay away from your office.

It would be recommendable to start looking for another job at least until you receive any closure when it comes to your current situation. Remember that your boss is probably going to have a powerful defense time, so besides waiting for the outcome, there’s nothing else you can do.

All these things are very traumatic and if you are serious about filing a claim against your boss then you should carefully read every word that we’ve written and simply arm yourself with a lot of patience.