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Don't Make This Mistake When Choosing An Employment Lawyer

By John Barrett posted 02-13-2013 23:49

  
Are you having a dispute with an employer that you feel could escalate? Employment lawyers deal with a wide variety of issues ranging from sexual harassment to wage disputes and more. Don't make the most common mistake in dealing with legal issues involving your employer. It is important to have your own legal representation that will stand for your rights – not for those of your employer.

The Biggest Mistake – Not Having Representation

One of the worst decisions an employee considering litigation against her or his employer can make is simply waiting too long to make a move. Many employees suffer poor working conditions for a very long time when it isn’t necessary to do so at all. While demonstrating a history of bad work conditions may help your case in court, it is not necessary to put yourself through years of maltreatment by your employer.

Many employees sit through endless days of sexual harassment, discriminatory behaviour, and more without knowing what to do. Sometimes the behaviour will stop for a period of time and the employee thinks he/she might not be able to do anything about the poor treatment they received previously. While you may be able to resolve the issue by going to human resources sometimes this isn't possible. If the issue is with someone in human resources then you'll need to have another trusted superior that can bring the issue up with the owner or a manager capable and empowered with the authority to make the necessary changes.

Consulting a lawyer and having them review your case is a step you can take without ever involving your employer. The employer doesn't have to know about this, you can get started building your case before anything ever progresses. Once your employer is aware of the situation they will take steps to protect themselves legally.

Your Employer's Lawyer Is Not Your Lawyer

While it may seem like the mediator or other personnel your employer puts into place to advise you and whoever you have a conflict with (your boss, for example), this representation serves the company's needs, not yours. While they may want to keep you as a valuable employee ultimately the job of in-house lawyers is to protect the company's assets.

Sometimes an employer can make the necessary accommodations such as having some employees relocated to other departments or perhaps even letting go of the offending party. If the offender is your boss or some other superior this may be more difficult as they will be seen as more valuable especially if this is the first report of this kind of incident. This is why it is important to take steps to protect yourself.  This includes taking advantage of your employer's resources and steps to deal with conflict, but also speaking with representation of your own if this doesn't seem to be working in your favor. 

Consultation Isn't Commitment 

Getting a consultation with an attorney about your case can cost little to nothing and is an important first step towards getting your issue resolved. It is illegal for an employer to retaliate if you do decide to proceed with litigation. There isn't any legal risk to you, for choosing to pursue litigation against the company you work for.

The Ultimate Benefit – Peace of Mind

Whether or not you choose to stay with your employer after a related legal event occurs the biggest benefit to you is peace of mind. Being at peace with a situation is important for having a healthy work environment and promotes your own well-being beyond a simple paycheck. We all want to provide for our families and ourselves by having a good work environment. This is something provided for by law so it's important to take advantage of the protections afforded to you.

John Barrett is a writer and employment law activist. He enjoys spending time with his family and keeping up on relevant issues for employees' conditions in the workplace. He is representing employmentlawlayers.com with his writing.

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