Employment cases – think about ALL sides!

In this day of litgation and uncertainty in the workplace, so many people are finding themselves in the unenviable position of having to seek legal recourse in an attempt to seek justice for unfair employment practices.   However, employees sometimes don't know exactly how strong their cases are or even if they have a course of action to take. In an attempt to provide some feedback to help those who are faced with the challenge of deciding whether to pursue legal action in an unfair employment case, here's a few tips for you: 1) Contrary to popular belief, you DON'T know what information the employer has about you. When employees seek legal advice or report their concerns to an agency, they typically only have THEIR side of the story.   In this day and age, employers typically keep detailed notes and files on every employee.   I'm not saying that every employer is perfect.  Sometimes, employers slip and don't take all the necessary steps to cover themselves.   Just don't go into this thinking that you have all of the ammunition on YOUR side.  You have to remember that their may be employment records about you as well. 2) There is RARELY a smoking GUN! I'm not living in a fantasy world so I realize that even during the OBAMA era, racism and discrimination is still alive and well.  I spoke with an attorney who told me 'just last year in 2008' about an incident where an employee was working in a factory where the employees would regularly call him the "N" word and leave hangman nooses at his work station.   Clearly, this situation is clear cut discrimination at its worse.  However, most situations are not this clear cut.   In most instances, you're putting together various pieces of the puzzle to paint a picture of your situation and you HOPE that people will see the picture the way you see it. 3) What you do or DID is equally important. Don't get it twisted.   You play some part in those WHOLE equation as well.   If you have an attitude or was discliplined alot or was a habitual misser of work, all of these may come in to play.  Now, don't get me wrong.  No one is saying that you should be subjected to discriminatory conduct from your employer just because you may have an attitude problem.  Just understand that when evaluating the case, your part in the whole story is just as important. 4) Stop dwelling on what your employer is supposed to do and look at the big picture.    Listen, your employment is a very personal thing.  I totally understand how you could be upset if any one does anything that may affect your ability to earn a living or support your family.  However, you rarely are going to be able to get the resolution that you are looking for immediately.   So with that being said, you HAVE to go through the process of filing your grievance with your employer, filing your claim with the EEOC or appropriate state agency, or filing your law suit.  These things take time and you're not helping yourself by stressing over the situation. When you're placed in the position of going through the process of filing a grievance regarding your case, be patient and most importantly, look at things from all sides.

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