Navigating Complaints and Cases Against Your Employer: Steps and Considerations

If you have a complaint from your employer, you might be preparing for a legal battle involving his lawyer. But do you even have a case? This article aims to guide you through the process of identifying actionable complaints, understanding legal options, and seeking professional advice.

Understanding Your Rights and Resources

Firstly, it's crucial to understand that not every complaint or issue constitutes a case. Many believe that being yelled at, penalized for minor infractions, or treated differently can be legitimate issues. However, these complaints need to have an element of legal discrimination to be actionable.

Step 1: Initial Assessment by State’s Department of Labor

One of the first steps is to contact your state’s Department of Labor. They can evaluate your claim and provide an unbiased opinion. This process is free and ensures that your case isn't influenced by the possibility of a settlement offering.

Advantages of Starting with DOL:

No charge for evaluation. No influence from potential settlement offers. Independent opinion based on your state’s labor laws.

Step 2: Consulting with a Labor Lawyer

While the DOL can provide guidance, consulting with a labor attorney is crucial if you believe you have a valid case. However, be wary of unspecialized attorneys claiming they can secure a large settlement. Most labor law cases are resolved through settlement agreements, with significant settlements being rare unless the employer acts egregiously or repeatedly.

Step 3: Identifying Discrimination

To have a valid complaint based on discrimination, there must be evidence of illegal practices. This could include:

Discrimination based on race, gender, age, or other protected statuses. Discriminatory comments or actions by supervisors or managers. Unequal treatment of employees with similar roles and backgrounds.

Step 4: Legal Action through EEOC

If you suspect your complaint involves a violation of federal or state discrimination laws, you can file a charge with the Equal Employment Opportunity Commission (EEOC). It's important to note that DOL and EEOC often work together, so if you start with one agency and it’s transferred to another, it doesn’t mean your case has failed.

Role of the Judiciary

Even if you win a significant settlement, the employer may appeal. This can lead to further legal fees and prolonged disputes. It's advisable to seek a contingency-based initial settlement. However, if there's an appeal, the fees can skyrocket, making it difficult to secure new representation.

Why Consider DOL and EEOC First:

Cost-effective evaluation of your case. Objective opinions based on labor laws. Facilitation of mediation and settlement before full legal proceedings.

After seeking advice from DOL or EEOC, you can make an informed decision about whether to pursue a case through legal means.

Ultimately, the key is to ensure that any complaint you bring forward has a solid foundation in legal discrimination or other actionable issues. It's often a mistake to assume that routine workplace frustrations or minor inconveniences are grounds for a legal case against your employer.