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How Do I Start a Workplace Claim?

Even in a private workplace, you have rights as an employee. You can't be discriminated against based on certain factors such as race, religion or sex. You have the right to work in a safe environment free of harassment based on membership in a protected class. You have the right to be paid for your time and you may also have the right to take medical leave for yourself or a family member. You may also have the right to privacy for your life outside of work.

When any one of these rights have been violated, you may be able to file a workplace claim. A claim helps you assert your legal rights in the workplace. It lets your employer know that employee rights are being violated and that a change is needed. If the claim is not addressed, the matter can escalate to a lawsuit if needed, but there are several steps you can take before that point.

  1. Talk to your employer. Your employer cannot be expected to fix a problem that it does not know exists. Talk to your supervisor, HR staff, or another manager or supervisor you consider a safe person. You should document your issue, and try to stick to facts that you can prove. Explain what you want to happen and decide what the next steps should be for both of you.
  2. Continue to document. After you have brought the problem to your employer's attention, continue to document the issue. Pay attention to the timeline you discussed and the next steps that were agreed upon. Follow up with your point person if progress is not being made or the issue continues or gets worse.
  3. Consider legal action. If nothing happens as the result of your action within the company, you may need to consider taking the matter to outside parties, depending on your desired outcome. Talk to an attorney about how you can further escalate the matter, what agencies you can report it to, and what the consequences might be.

If you have been the target of workplace harassment, discrimination or unfair termination, Bouchillon, Crossan & Colburn, L.C. represents clients in federal court and before the EEOC, MSPB and in state and union grievance hearings.

Our attorneys have more than 40 years dedicated to giving clients the attention, advice, support and empowerment they need to effectively meet their goals. We are committed to the principle that all persons shall have equal justice under the law. Call Bouchillon, Crossan & Colburn, L.C. at 304.523.8451 or contact us online to schedule an appointment.

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