Many workers in the united States do not know that can have various labor rights. According to the place where you live, the type of job you have and the size of the employing company, their rights in the place where he works may include the following:
- the right to a safe work environment, free of hazards, and improper;
- the right to a degree of privacy in their personal affairs;
- the right not to be discriminated against based on their age, race, nationality, sex, ethnicity, pregnancy, religion, or disability;
- In some states and places, the right not to be discriminated against based on their marital status, gender identity, sexual orientation, and other characteristics;
- right to a fair wage, which means to receive at least a minimum wage, in addition to the payment of overtime hours worked that exceed 40 hours per week or, in some places, 8 hours a day;
- the right to a work environment free of harassment;
- the right to take time off from work to take care of oneself or a sick family member;
- leave entitlement after the birth of a child.
If you consider that you have violated any of your rights at work, should take the following measures.
In the First Place, Talk with your Employer
Many employers have extensive training in regard to the rights of the workers. The first thing you should do in regard to believe that you have violated their labor rights is to talk with your employer about the situation. In most circumstances, an open and honest conversation can resolve difficulties and avoid the necessity of resorting to any kind of legal action. Almost all the companies prefer to comply with the law and will strive to avoid legal problems.
However, there are occasions in which an employer may be really antagonistic and uninterested in regard to the rights of the workers. Later, we’ll talk about what needs to be done in these situations.
Many people feel that they speak with their employers can be a difficult task and stressful. To make things easier, below you will find some tips that you can take into account when dealing with this problem:
- Be informed about their rights. When you go to talk with your employer about the labor rights that you consider have been violated, it is better to know exactly what those rights are. This will give you confidence to attend the meeting.
- Simplify the facts. Consider this your meeting with your employer as a business meeting, take notes in advance, write a brief summary of the fact and have suggestions to resolve the situation. Many people find it helpful to have a friend or impartial reader examine the facts and provide suggestions on what is the best strategy to tackle the problem and what information to include.
- Be impartial during the meeting. In effect, the more likely it is that the circumstances that led to this meeting have been very stressful and worrying, but to bring those emotions to the meeting will not help your cause. If you can practice your presentation beforehand, perhaps with a friend, this will help you to express your emotions the first time not to do so during the meeting.
- Find out what to do next. This is one of the most important steps that you should remember: before you leave the office of your employer, decide how to proceed. Do you investigate the company’s situation? Do speak to your manager, with your coworkers? What will change if we discover problems? Before the conclusion of the meeting, make sure you have a plan for what will happen next.
- Make a follow-up. As with any important meeting, make sure to do a follow up after the conversation with your employer. If you and your employer have decided that your manager would investigate the problem, make sure that such research has been carried out. Try to schedule another meeting to see what progress there was.
Secondly, make Sure you keep your Own Records
Even when you submitted to your employer all documents that it considers relevant to the problem related with employment rights, be sure to keep copies of everything for your records. In addition, take notes of the important conversations that you have regarding the situation. If you can’t take notes during the conversation, write them down immediately after and remember to include important details, such as date, time, place and the names of the persons who participated in the conversation. Also, gather any documents that you think may be relevant, such as emails, employee handbooks, letters, policy statements of the company, among others.
However, be careful and make sure you keep only the documents to which it has valid access. Previously, there were cases of discrimination in the workplace that were committed because a person copied confidential documents, even when they were related to the claim of discrimination.
Also, if any of your coworkers saw or heard something related to their situation on the labour rights, ask them to declare in writing what they saw or heard, and sign and date this declaration. These statements can include anything from a gossip of office to an open talk about age discrimination in the company.
In Third Place, Deadlines, Deadlines, Deadlines!
Once you have taken the steps described previously and have talked openly with your employer, if you still feel that nothing has been done to address the situation regarding labor rights, the best thing might be to consider starting legal action. Workers ‘ rights are a very serious issue and the law can be severe on employers who violate them, but there are deadlines that must be met. The laws of each state imposes a statute of limitations for different types of legal actions, which sets the amount of time available to a person to bring suit or abandon the claim. These periods range from weeks to years, and the period that applies in your case will depend both on your location as to the rights that were violated and to what degree.
How To Obtain Legal Assistance
Now, the best thing may be to consult with an attorney who specializes in employment law. The attorney may be able to help you determine the strength of your legal claim and advise you about the deadlines that can be met.