Tara Burd, a San Diego Civil Law Attorney says, “The best way for an employee to preserve his or her future claims is to make a complete record of it.”
An employee can feel when it’s about to happen. There is tension in the air. Colleagues suddenly become quieter. No one invites them to lunch anymore. Everything they do is wrong. Suddenly, and seemingly out of nowhere, they are called in for an annual review (that never took place before) and given a performance plan. They’re about to be fired.
Here are 3 steps an employee can take when they feel their job is threatened and/or when they feel they may have a wrongful termination or discrimination claim against their employer.
1. Let Things Happen. Overworked employees often fail to ask for time off based on the assumption that it won’t be granted. Later, they wonder whether there is a claim against their employer for failure to provide that time off. There can be no claim based on a denial that never actually happened. Assuming an employer won’t give time off for a family emergency or medical need, does not create a legal claim.
2. Report Problems. Employees are often scared to complain to human resources or management for fear of losing their jobs. It is undeniably a difficult and scary task. However, if there are no formal, written complaints made to the company, then the company cannot be held liable for failing to remedy the problem. If a situation is bad enough that an employee feels damaged, then it is bad enough to make the written complaint. Moreover, an employee who is terminated after making a complaint is in a strong position for a wrongful termination based on retaliation claim.
3. Keep records. An employee who is experiencing harassment or discrimination should keep detailed records. These cases strongly rely on which party (employer or employee) has the strongest evidence to support his or her claim. Write down what occurred, the date it happened, and the names of anyone who witnessed the event. Keep track of phone numbers and other contact information for those witnesses. By creating a record at the time of the event, the details will be more accurate, more reliable, and more believable for a judge or jury.
These three simple steps can greatly strengthen an employee’s chance of bringing a successful claim against his or her employer in the event of a wrongful termination or discrimination.
For more information visit Tara Burd’s “Who Is” page in the San Diego Professional Journal http://whois.sandiegoprofessionaljournal.com/tara-burd-civil-law-attorney.
Tara Burd San Diego Civil Law Attorney
You may contact her at her office:
T. Burd Law Group
945 Fourth Ave., #307
San Diego, CA 92101
Or by telephone (858) 215-2873