When a worker is terminated, discriminated against, or otherwise harmed, they often don’t know what to do next. This is in some ways a state of shock. Often an employee is left feeling hurt, and scared, and with no notion of what can be done or should be done. There are some relatively simple steps a person can follow.
- First, slow down and take a deep breath. Often people I speak with are very upset. That is a normal reaction, but it makes helping them much more difficult. If you take a moment, take a deep breath, and realize that you will be alright, and you have options, it will make it easier for you to make decisions and explain what happened, and it will make it easier for an attorney helping you to determine what can be done, and if they can help you.
- Second, write down what happened in chronological order. This is often an easily overlooked step. When you have just gone through a traumatic event, it is easy to remember what has happened and to think that you will always be able to remember it. But anything involving the law is going to be a long drawn out process on the order of months or years, not weeks. As such, when time drags on, it is very likely details will fade from your memory. Those details are important! Details really help to convince juries, and they help attorneys determine what can be done, and what should be done. As such, write down those details while they are fresh. Be sure to include dates and times as appropriate. Note who was present, what was said, where it was said, and what other evidence you have. If you have text messages or emails, save them. All of that will become important later.
- Third, if you work in a unionized workplace, go see your shop steward or local union business agent. Unions are able to respond to problems differently than attorneys can. A union has more wiggle room in how they deal with a problem, and in some cases can respond quicker than the law can. If you don’t have a union in your workplace, consider forming a union in your next job.
- Forth, contact a local attorney. If after these three steps the problem still has not been dealt with to your satisfaction, contact a local plaintiffs employment attorney. Many plaintiffs employment attorneys will provide free initial consultations to help determine if the attorney can help you. If you make an appointment with a local attorney, please try to arrive on time, and bring any and all documents you have about the case, including your notes from step 2. Also, realize that there are statutes of limitation, and any claim must be brought before the statutory period of time has passed. As such, don’t wait too long, or you may find yourself without any recourse.
It is normal to be shocked, and not to be sure what to do when terminated or discriminated against. But workers have options. Attorneys may be able to help the worker get through this process, and help them ensure that they come out the other side of this experience in the best circumstance possible. So take a deep breath, write everything down, talk to your union if you have one, and call an attorney if you feel you need one. You can get through this!