Workplace Conditions: Recognizing Legal Violations And Taking Action

It is important to know your rights as an employee. No one is above the law, including your boss. The National Labor Relations Act and a variety of statutes overseen by the U.S. Equal Employment Opportunity Commission (EEOC) protect employees from hostile work environments, discrimination, and unfair labor practices.

If you suspect your employer is breaking the law, it is best to first make sure that your employer really is breaking the law. People often wrongly assume that the law entitles them to things that aren't actually enshrined in law, such as fair treatment, paid vacation days, or a warning before being fired.

If your employer is breaking the law, you might assume that your first step should be to talk to a lawyer and file a lawsuit. However, this isn't always necessary and can unnecessarily poison your work environment. A better first step is often to simply talk to your employer. Start from the assumption that they don't realize there's a legal problem and that you are courteously bringing it to their attention.

If talking to your employer doesn't work, you may need to take further steps. If the law-breaking is of an employment law nature, and your company is large enough, you may have recourse to the HR department or an internal legal department to air your concerns. If the matter is potentially more serious or even criminal, you may wish to consult an expert or contact regulatory authorities.

Know your rights

It is important to know your rights as an employee, as the laws are changing in favour of employees. Knowing your rights can help you hold bully bosses accountable.

• The right to work free of discrimination. This means that your employer cannot make job decisions based on your race, colour, religion, sex, sexual orientation, gender identity, national origin, disability, or genetic information. Your employer also cannot discriminate against workers who are 40 or older based on their age. This right applies to all types of job decisions, including hiring, firing, promotions, training, wages, and benefits.
• The right to work in an environment free of harassment based on race, colour, religion, sex, sexual orientation, gender identity, national origin, disability, age, or genetic information.
• The right to complain about treatment that you believe is illegal job discrimination without punishment. Your employer cannot punish or treat you differently if you report job discrimination or help someone else report it, even if it turns out the conduct was not illegal. This is called your right to be protected from retaliation.
• The right to request reasonable changes to your workplace because of your religious beliefs, medical condition, or pregnancy, childbirth, or related medical conditions. Although your employer does not have to grant every request, they should carefully consider each request and whether it would be possible.
• The right to keep your medical information private. Your employer should not discuss your medical information with others, and there are very limited exceptions to this.
• The right to receive at least an hourly minimum wage rate.
• The right to extra pay in addition to the hourly minimum wage, including overtime pay, call-in pay, split shift and spread of hours pay, and uniform maintenance pay.
• The right to receive a written notice of the pay rate when you are hired and a detailed wage statement (pay stub) each payday.
• The right to up to 40 or 56 hours of leave a year to care for yourself or anyone you consider family, including for health, safety, and domestic violence reasons.
• The right to make temporary schedule changes for up to two business days per year for certain personal events, including the right to take unpaid time off.
• The right to receive information and training about job hazards.
• The right to create a workplace safety committee of workers and managers to address workplace safety issues.
• The right to equal pay for equal work and to discuss your pay with your coworkers.
• The right to join together with your coworkers to improve your working conditions, including organising a union. Employers cannot take action against you for organising or talking with your coworkers about working conditions.
• The right to unemployment benefits if you lose your job through no fault of your own and are actively seeking work.

If you believe your employer is breaking the law, it is important to first make sure that they are indeed breaking the law, as people often wrongly assume that the law entitles them to things that are not actually enshrined in law. If you are sure that your employer is breaking the law, you may want to talk to them directly before taking legal action, as this can help maintain a good relationship with your employer and is often enough to resolve the issue. However, if talking to your employer does not work, you may need to consult a lawyer or your state's labour department.

Document everything

If you believe your workplace is breaking the law, it is important to document everything. This includes conversations with supervisors, the timing and recording of events, and any other relevant details. Keep these records outside of your workplace, as they will form the foundation for any future legal case.

In the case of criminal activity, it is essential to get your facts straight. Wrong accusations could leave you open to being sued for defamation. If the issue is not resolved internally, you may need to inform regulatory authorities or law enforcement.

Additionally, be cautious about going to the press, as you could be sued for libel or slander if your accusations are false. Instead, let the relevant authorities determine if there is a substantial basis for your suspicions.

• Keep a detailed record of conversations: Note down the date, time, location, and content of any relevant discussions with supervisors or colleagues. Include quotes and specifics to support your case.
• Collect and organise evidence: Gather any relevant documents, emails, text messages, or other forms of communication that support your claims. Create a secure digital or physical folder to store this evidence.
• Take photos or videos: If the law-breaking involves safety hazards, unsafe working conditions, or other visual evidence, use your smartphone or camera to document the situation. Ensure the photos or videos are time-stamped and clearly show the details of the issue.
• Record your work hours: If the issue involves unpaid overtime or minimum wage violations, keep a personal record of your work hours, including start and end times, breaks, and any off-the-clock work requested by your employer.
• Save relevant policies and handbooks: If your employer provides an employee handbook or policy documents, save digital or physical copies. Highlight or bookmark sections that are relevant to the law-breaking issue.
• Seek legal advice: Consult with a lawyer or a citizen's advice bureau to understand your rights and options. They can guide you on the specific types of evidence and documentation you need to support your case.

Talk to your employer

If you believe your workplace has law-breaking conditions, it is important to first make sure that your employer is indeed breaking the law. People often wrongly assume that they are entitled to certain things that are not enshrined in law. For example, fair treatment, paid vacation days, or a warning before being fired.

If you are certain that your employer is breaking the law, you may want to talk to a lawyer and file a lawsuit. However, this can unnecessarily poison your work environment. Instead, consider simply talking to your employer first. Start from the assumption that they are unaware of the legal problem and that you are courteously bringing it to their attention. This approach will usually result in a better outcome than making it clear that you think your managers are flagrant law-breakers. For instance, if your boss is requiring you to work unpaid overtime when you are non-exempt, try saying something like, "We're required by federal law to pay overtime to people in my job category. I can work the overtime if you want me to, but the company is required to pay for it."

If talking to your employer does not solve the problem, you will have to decide how far you want to push the issue. The law might give you a remedy, but it will also likely make your working environment difficult and may even make it harder for you to get hired in the future if employers worry that you are litigious. If you decide to proceed, your next step could be to talk to a lawyer or your state's labor department.

If your employer is engaging in criminal activity, you should get your facts straight and make sure you have evidence to support your claims. You could then notify the management in writing and keep a copy of any letters you send. If this does not work, you could inform the company's lawyers or auditors or, as a last resort, speak to regulatory authorities such as the Inland Revenue or the Police.

It is important to note that whistleblower laws protect employees who refuse to commit an unlawful act or report unethical activities. Employees are also protected from being terminated if they report misconduct or take part in a related investigation.

Contact HR

If you believe your workplace has law-breaking conditions, you should first make sure that your employer is indeed breaking the law. People often assume incorrectly that the law entitles them to certain things, such as fair treatment, paid vacation days, or a warning before being fired.

If you are certain that your employer is breaking the law, you should consider first talking to your employer about it. You should start from the assumption that they are unaware of the legal problem and approach the issue in a collaborative, non-adversarial tone.

If talking to your employer does not work, you could try contacting your company's HR department. You could also try to get in touch with your company's legal department, if it has one. Alternatively, you could consult an external lawyer or your state's labor department.

If the law-breaking is of a criminal nature, such as tax evasion or safety issues, you should notify the management in writing and keep a copy of any letters you send. If this does not work, you could inform the company's lawyers or auditors, or speak to regulatory authorities such as the police or the Inland Revenue.

It is important to note that you have the right to work in a safe environment and to speak up about hazards without fear of retaliation.

Consult a lawyer

If you suspect that your workplace is breaking the law, it's important to first make sure that your employer really is breaking the law. Many people wrongly assume that the law entitles them to certain things that aren't actually enshrined in law.

If you are certain that your employer is breaking the law, it's a good idea to first try to resolve the issue directly with your employer. Start from the assumption that they don't realise that there's a legal problem, and that you are courteously bringing it to their attention. This approach is often worth taking even if you're pretty sure that your employers know their actions are illegal and simply don't care.

If talking to your employer doesn't work, you may want to consult a lawyer. Employment lawyers provide legal counsel to employers and employees facing workplace-related issues. They help ensure that employers comply with employment laws and that employees are treated fairly. They can also help employees determine if their rights were violated and decide whether or not to pursue legal action.

If you decide to consult a lawyer, it's important to do your research. Consider the following:

• Licensed: Is the lawyer licensed and in good standing in the state where you live or work?
• Experience: How many years have they been practicing? And have they taken on employment law cases like yours before?
• Areas of expertise: Do they specialise in the area where you need legal guidance?
• Track record: What does their professional history look like? Have they been involved in any ethical violations or disciplinary matters?
• Reputation: What are other lawyers and previous clients saying about their experiences working with this lawyer?
• Personality: Do you feel comfortable working with this lawyer, and can you effectively communicate with each other?
• Legal fees: What is their legal fee structure? Can you afford the fees, and are you aware of any hidden or unexpected charges associated with hiring them?

Frequently asked questions