Workers may consider taking a legal approach against their employer for many reasons. It can be discrimination, harassment, wrongful termination, unpaid wages, or retaliation.
However, even a legitimate claim can become harder to pursue if you miss an essential step or make errors. You may also risk the ability to pursue benefits you deserve. Here are seven mistakes you should avoid.
Trying to Handle a Complex Claim Alone
Without legal knowledge, you can easily overlook potential steps. You may not know which laws apply to your case or what deadlines you must meet. You may also underestimate your claim’s value or accept remedies that don’t fully reflect your losses.
Hiring an experienced employment lawyer can benefit your claim. They can review your case and explain your available legal options. They will also help you understand the value of an employment claim. They can do this by assessing factors such as lost wages, benefits, emotional distress, and other potential damages. They can also help you:
- Identify important evidence and documents
- Determine what you may be able to pursue
- Understand applicable deadlines
- Deal with employer’s legal representatives
- Evaluate settlement offers
Having a lawyer does not mean you have to take your case to court. In some scenarios, they can help resolve disputes through negotiation or mediation. Your attorney will let you know of your options during the initial consultation.
Failing to Preserve Evidence
Your employment claim will generally depend on evidence that supports what happened. Do not just rely on your memory alone to establish important details. Depending on your situation, useful records may include:
- Emails and workplace messages related to the dispute
- Performance reviews and disciplinary notices
- Employment contracts
- Written complaints made to human resources
- Contact information of potential witnesses
- A personal timeline describing relevant events
Keep records in a safe and organized manner. Be careful not to take confidential company information. You can also have a note with record dates, locations, people involved, what was said or done, and what happened afterward.
Assuming HR Is Your Attorney
Human resources departments can play an important role in addressing workplace complaints, but don’t mistake that they will take your side. HR works on behalf of the organization, and their responsibilities are different from those of an attorney representing an employee.
You should avoid telling HR that you are getting legal representation too early. While doing so may make them take you seriously. It can limit your access to crucial evidence and witnesses’ statements. The company may also change how they communicate with you. Before informing HR, consider speaking with your attorney beforehand.
Posting About Your Case on Social Media
It may be tempting to share your workplace experience if you feel frustrated or unfairly treated. However, public posts can become evidence to challenge your credibility. This is especially true if you are discussing allegations involved in your claim. Avoid posting:
- Details about confidential settlement discussions
- Unverified accusations
- Photos or comments that contradict statements made in your claim
- Screenshots of confidential workplace communications
Even posts you later delete may potentially be preserved or recovered. If you have filed or are considering an employment claim, think carefully before posting anything related to the dispute.
Signing Documents Without Understanding Them
Your employers may ask you to sign a variety of documents during or after a workplace dispute. Signing without understanding its legal effect can create unnecessary problems later. It is important to pay attention to provisions involving:
- Waivers or releases of legal claims
- Severance payments
- Confidentiality requirements
- Non-disparagement provisions
- Arbitration agreements
- Deadlines for accepting an offer
Do not assume that your employer is on your side. If you do not understand a provision, have an attorney review it before signing. Some agreements may limit your ability to bring certain claims later.
Ignoring Internal Complaint Procedures
Some workers consider filing an external claim without first understanding their employer’s internal complaint process. Start by reviewing your employee handbook and employment agreement to determine how complaints should be reported. You may end up discovering a designated HR department or ethics hotline that deals with these issues that you may not be aware of.
If you make a complaint, keep copies of what you submitted. Also document any response you receive. However, internal reporting should not automatically replace legal advice. Some claims have strict filing deadlines that continue to run regardless of whether you are pursuing an internal complaint.
Waiting Too Long to Take Action
Do not assume you have plenty of time to file a claim. Employment laws have strict deadlines, and the time available can depend on the type of workplace violation, the applicable law, and where you work.
Waiting too long can potentially prevent you from pursuing an otherwise valid claim. It can also lead to a rushed process. After experiencing a workplace problem, consider
- Writing down when the incident occurred
- Keeping track of repeated incidents
- Reviewing applicable filing deadlines
- Speaking with an employment attorney
Endnote
Avoiding common mistakes when filing a claim is essential for a successful outcome. Your employer may examine your claim, looking for missing details, unclear dates, or statements that do not match the records. Even a minor error could raise questions about what happened and when. The good thing is you don’t have to figure everything out on your own. Seeking legal advice can be beneficial. A lawyer will help you understand your rights, review the evidence, and identify weaknesses in your claim. This will help build a stronger case and ensure you get justice.