Legal Issues At Work: Employees can in many cases feel at an incredible disadvantage when illegal acts and incidences are occurring at their workplace. The actions may be perpetrated by an employer or co-worker and there may be no resources for internal resolution or punishment.
Certain employers may want to protect their own interests, may give inadequate punishment or may instead do wrongful termination of an employee’s contract if they complain or protest. Here is how to handle legal issues at the workplace in an actionable way to minimize harassment and usurpation of employee rights.
Isolate The Violation/S
In order to have any kind of action taken against your employer or superior in any department or indeed a co-worker, you need to know for sure that a legal violation has taken place. Certain things you may assume are your employee rights such as a paid vacation may not actually be in your contract or company policy. Other clauses may be covered by loopholes in the contract so always be a hundred percent sure of the exact wrongdoing you want to report. Certain incidents such as sexual harassment are not open to doubt and you can pursue legal action immediately.
If you think the legal infraction is relatively minor, you can always talk to your employer or inform the relevant human resource department. Larger organizations are usually concerned with protecting their interests and reputation so their first mode of action is to quell the complaint and the evidence as fast as possible. If you fear this may be the case you can go beyond the company to report to authorities and governing bodies.
Depending on the situation, it may be helpful to be diplomatic so that your employer sees that you are a hardworking, loyal employee who is trying to better the situation at the workplace and bring about improved cooperation and productivity. If you have a reasonable employer, this can be the best course of action to take.
Gather Documentation & Other Proof
If you seek to gain legal counsel and resolution from outside the workplace you should ideally gather as much documentation and evidence as possible. Video footage, audio recordings and written messages are examples of evidence that can be a game changer in court especially if you are levelling very serious charges such as a sex crime, harassment or intimidation.
In these cases it is rarely advised you seek help from within an organization especially if the employer or superior is directly responsible. Furthermore, do not make the mistake of announcing or alerting anyone other than legal counsel about the events as you may be further harmed or evidence may be wiped out by the perpetrator. You can always seek out a contingency lawyer for employment which works if you do not have the funds to hire a lawyer to represent you full time. Contingency lawyers or law firms wait until a verdict or outcome in your favor has been announced before asking for a fee.
Preventative Litigation Advice
Being well-aware of your contractual limitations and provisions and the full scale of your rights as an employee of any company or organization is imperative. Seek legal advice from time to time about even regular employment issues such as asking for a raise or improved working conditions. Having this knowledge will prevent the emotional freeze that occurs when a violation is carried out since the employer may rely on the element of surprise or ignorance.
If an employer is engaged in illegal activities of any kind (even something minor like using pirated software), it is your duty as an employee to either report them or seek to intercede with them so they terminate the practice immediately. If the employer remains adamant or tries to silence you, you can go ahead and seek legal advice on the matter.
Arbitration
For civil cases, it is not uncommon that arbitration and out-of-court settlements are sought since court settlements can be very costly and time-consuming especially in terms of attorney fees and other administrative fees. Confidentiality may be preferred by the plaintiff as well in some cases. Rules of evidence mean that the case and the evidence in question is hashed out in court where it may be dismissed.
In arbitration, there is usually a better chance of evidence surviving and financial remuneration for the crimes rising to be beneficial to the plaintiff. There is a lot of legal room in arbitration especially if evidence is lacking. Many defendants will agree to settle out of court to avoid the time loss, scandal and inconvenience of a long drawn-out court case.