Maybe your employer knows because a manager is the one misbehaving, or because it’s wide open for the world to see. Certain types of claims require your employer to know about the misconduct in order to be liable. If you feel you can’t talk to HR for whatever reason, you should talk to an employment lawyer about how best to preserve any claims you have. If this happens, your employer may be liable for retaliation. It is important to know that you cannot be retaliated against for reporting unfair treatment. As in the rest of our lives, threats are not usually productive when trying to solve a workplace problem. You might be surprised to learn that juries hate to hear it, too, and often think threats to hire a lawyer make it look like you are a “cooking up” a lawsuit, when all you are actually doing is trying to solve a problem at work. Employers hate to hear that you’ll sue them or hire a lawyer. Your complaint should offer constructive solutions so that you look like the reasonable one. Maybe you would like workplace sensitivity training or you believe you should be allowed to transfer so you do not have to report to someone who demeans you every day. Identify what you would like to see changed. For instance, “My supervisor has commented multiple times that, since I got pregnant, I am lazy,” or “My supervisor makes racially insensitive comments, such as ” are much more effective complaints than the (often wrong) legal conclusion that you are experiencing a “hostile work environment.” Instead, focus on the specific conduct that you believe created hostility. For instance, people love to say they are experiencing a “hostile work environment.” This is a legal term of art that describes illegal harassment and it’s actually quite a heavy burden to prove. Don’t use legal terminology you don’t fully understand. If you don’t know which conduct to include, talk to a lawyer. Don’t list every problem you’ve ever had with the company focus on the illegal conduct. When you make your report, there are a few rules to keep in mind. If you are ready to report your employer’s violation for unfair or discriminatory treatment, submit your complaint to your company’s Human Resources Department. If your company does not have an HR department, you can report the unfair treatment to anyone with authority over you such as a supervisor, assistant manager, or manager. Reporting an Employer for Unfair Treatment Lawyers love contemporaneous evidence it’s convincing. Once you have collected evidence of the unfair treatment, it is time to report it. This is what lawyers sometimes call “contemporaneous evidence,” which is evidence documenting something as it is happening. Ideally, this documentation is created as the unfair treatment is happening. This can be done in a number of ways, including creating a journal, sending emails, text messages, or other types of communications that confirm the unfair treatment is happening. Once you recognize that you are not alone, it is important to immediately document the unfair treatment. This treatment often times has nothing to do with the employee, but is because of a supervisor or co-worker’s bias or prejudice towards a certain group of people - for example, sexism, racism, or a prejudice towards older employees, to name a few. Thousands of employees all around the country suffer from unfair treatment at work. The first thing you must do is realize that you are not alone. Regardless of your particular situation, there are steps you can take to protect your rights. These are just a few examples of unfair treatment at work. Terminating long-term older workers to replace them with cheaper, younger employees.Sexually harassing an employee and then punishing them when they refuse to engage in sexual conduct.Refusing to accommodate disabled employees’ requests for medical leave.Discriminating against pregnant employees for taking pregnancy leave, including reducing their pay, demoting them, or terminating them.
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