If you feel that you have been treated unfairly by your employer, an attorney can help you determine whether you have grounds to take legal action. Kinds of unfair treatment for which there are legal remedies include:
- Discrimination - It is against the law in the United State to discriminate in employment on the basis of race, color, religion, sex, national origin, age over 40, or disability. The law prohibits discrimination in hiring, promotion and termination.
- Unequal Pay - It is against the law to pay different wages to men and women who perform substantially equal work in the same establishment.
- Unlawful Termination - Even in a Right-to-Work-State, such as Virginia, you have rights regarding termination of employment, particularly if you think your termination was due, in whole or in part, to one of the kinds of discrimination listed above.
- Retaliation - It is against the law to retaliate against any employee who has taken legal action to protect his or her rights against such discrimination.
- Unlawful Denial of Unemployment Benefits - There are procedures to protect you if your employer attempts to deny you unemployment benefits to which you are entitled.
You Can Help Develop An Effective Case
It is essential that you take timely action and gather all needed information. Getting in touch with an employment attorney as soon as possible after the incident takes place provides for the necessary time to file charges or suit within the statute of limitations.
It is essential that you gather all of the needed information and keep complete and accurate records. It is also essential that you give your attorney complete information, including any that may cast an unfavorable light. How you can help develop an effective case:
- Chronology of Events - Describe in detail (in writing) exactly what happened, including dates, places and names of all persons involved, including witnesses.
- Names - Make a list of names of all those involved, including the person(s) who took the action against you and any witnesses. Be prepared to provide addresses and phone numbers of these people.
- Work History - Provide copies of your performance reviews and ratings.
- Personnel Policies - Provide personnel manuals or procedures in effect in your workplace.
- Financial and Medical Information - Tax returns for the last three years, to assist in determining damages. Doctor bills for any treatment related to your claim, such as treatment for stress.
If You are Still Employed
Continuing in employment during a legal proceeding can be difficult. If you are still employed, discussed the situation with your attorney before making any statements or taking any action. Your attorney will assist you in developing a strategy for your behavior during the process.
If you are no longer employed, discuss the situation with your attorney before making any statements or making contact with any persons still employed.
Legal and Administrative Procedures
An employment attorney can advise you concerning the appropriate procedures for taking legal action. These procedures vary depending upon whether you are employed in the private sector or by federal, state, or local government. Each set of procedures has its own requirements and deadlines. Your personnel manual can assist you in determining whether the issues you are addressing fall under the jurisdiction of either the Equal Employment Opportunity Commission or the Virginia Employment Commission. These agencies my be contacted at the following numbers:
- EEOC 757/447-3470
- VEC 757/431-4960
Mediation
When an employer is open to mediation, the dispute can often be resolved in a way that allows employment to continue, or resolves the dispute at less cost, both financial and emotional. Many kinds of workplace difficulties for which legal remedies are available can also be resolved through mediation. In addition, workplace conflicts that cannot be resolved through litigation can often be settled though mediation.