Guidelines For Employers Who Have Suffered Discrimination, Harassment, Or Unfair Treatment In The Workplace

If you are still employed:

FOLLOW YOUR EMPLOYER’S COMPLAINT-REPORTING PROCEDURES
It is important that you make a complaint (preferably in writing and keep a copy for yourself) about the discrimination, harassment, or unfair treatment you have experienced to someone in management or human resources. If your employer has an Employee Handbook, most likely it will contain a policy or procedure for making complaints about discrimination or harassment. Failure to follow your employer’s complaint-reporting procedure may weaken or eliminate any future legal claims you may have.

KEEP GOOD RECORDS
Written documentation is very important in employment law cases. Make any complaints of discrimination, harassment, or unfair treatment in writing and keep a copy. Keep a written log or diary of dates, events, and names as they happen, especially if you begin to experience further harassment, discrimination or retaliation after making your complaint to management.

KEEP EMAILS, TEXTS, VOICEMAILS, ETC. FROM YOUR SUPERVISORS OR CO-WORKERS
Although your employer may have a duty to retain documents and emails about you, they often don’t. Retaining these records will put you a step ahead in any future legal claims you may have against your employer.

CONTINUE TO FOLLOW YOUR EMPLOYER’S POLICIES & PROCEDURES & PERFORM YOUR JOB DUTIES
Many employees who make complaints of discrimination or harassment and who are later fired will have a claim for retaliation against their employer. Do not give your employer a legitimate reason to fire you. Go to work on time, continue performing your job duties and follow your supervisor’s instructions even if they seem unfair.

CONTACT AN ATTORNEY
Employment cases are complicated and you may not know all of your legal rights and responsibilities as an employee. Very few attorneys in this area have the experience or knowledge to properly handle employment law matters. Kentucky Employment Lawyers has extensive experience in this area, and offers free consultations and will review and discuss with you the facts of your case.

If you have been terminated:

FILE FOR UNEMPLOYMENT
Even if your employer tells you that you were fired for misconduct, they will have to prove that to the unemployment office to deny your benefits. Unemployment has its own definition for what constitutes "misconduct" and it may not be the same as what your employer decides is misconduct. You may also gather valuable evidence against your employer through the unemployment proceeding, especially if your employer submits false or inaccurate information to the unemployment office.

KEEP DETAILED RECORDS OF YOUR JOB SEARCH
Failing to do so or failing to actively seek employment may eliminate or reduce your claim for lost wages. Print copies of internet searches or online applications. Keep a log of all places you apply for employment and the date you applied and the names of the individuals you met with.

MAINTAIN CONTACT WITH CO-WORKERS WHO COULD BE POTENTIAL WITNESSES
Your employer will have witnesses and you will need some of your own to level the playing field.

DO CONTACT AN ATTORNEY
Employment cases are complicated and you may not know all of your legal rights and responsibilities as an employee. Very few attorneys in this area have the experience or knowledge to properly handle employment law matters. Kentucky Employment Lawyers has extensive experience in this area, and offers free consultations and will review and discuss with you the facts of your case.

For all Employees:

* DON’T GIVE YOUR EMPLOYER A LEGITIMATE REASON TO FIRE YOU.
Go to work on time and do not disobey instructions from your supervisor. Follow all call-in policies and procedures if you must be absent for illness or an emergency. Even if you’ve made a complaint about discrimination or harassment or filed a lawsuit against your employer, you can still be terminated for cause.

RESIST POSTING COMMENTS OR SEND MESSAGES ON FACEBOOK, TWITTER, ETC. ABOUT YOUR EMPLOYER OR YOUR CASE
This information, even blocked accounts and private messages, will be used against you and you will be required to produce this information during the discovery phase of your case. Even deleted posts and messages can be recovered. Best advice is to avoid posting ANYTHING on social media sites while your case is pending.

RESIST SENDING EMAILS OR TEXT MESSAGES ABOUT YOUR EMPLOYER OR YOUR CASE
For the same reasons above, be extremely cautious about what information you send out. You will be required to produce any emails or texts that you send about your employer or case. Assume that any and all information you text, email, or post on Facebook or Twitter will be found and discovered by your employer and/or their attorneys. Just don’t do it!