Under What Circumstances Can You Bring a Claim Against an Employer?

by

05 October 2018

Legal

Claim Against an Employer

Brushing up negatively against your employer is a scary and complicated experience. While never ideal, it is critical to bring your situation to court so that justice can be done.

At the same time, it’s important to know exactly what constitutes as a valid claim against an employer before charging towards the judicial system. Here are a few things to consider before deciding to file a claim against your employer.

Know Your Rights:

The first thing you should always do is research. Turn towards government websites to learn more about harassment, discrimination, privacy and compensation laws that pertain to your situation and are intended to protect you.

Speak To Your Employer:

Before you consider any legal action, you should speak to an employer about the situation to first see if there is any way to resolve. Most companies want to avoid legal conflicts: it looks bad for their business and it’s incredibly expensive. Bringing your claim to court will ultimately be costly to you as well, so addressing your situation with the employer will confirm whether you have a case or not. It will determine whether you were being mistreated or whether there was a discrepancy or misunderstanding within the relationship that can be fixed.

Before speaking to your employer, make sure to have completed step one. The more you know about your own laws, the more confident you will be when presenting your argument. Manipulative employers will have a more difficult time swindling you if you reinforce yourself with fact. Prepare solutions to suggest and ensure that your employer leaves the meeting with the intent to resolve.

Never become overly emotional, as anything you say can come back to haunt you later. Instead, speak firmly and privately to allow for the best environment for a positive resolution.

Of course, not all situations with employers lend themselves to a formal discussion. If you feel that your employer is putting you in danger or has created an unsafe situation, then disregard this step and jump to the next.

Write Down Your Story:

Write down a report of your situation as soon as possible with key events and a timeline to reinforce your story and keep details fresh in mind. This will help you later when it’s time to defend yourself and combat discrepancies. Gather evidence to support your stories such as office documents, emails, texts, or employee handbooks.

When to Consider Legal Action:

If you’ve realized you have an effective case, have not come to a solution to with your employer, and feel as if you have enough evidence to support your claim, should you still follow through with legal action? Here are a few specific things to consider before making such a drastic step.

Have Results in Mind:

It’s important to not treat workplace mistreatment as an opportunity to receive justice. You need to walk away with more than just pride – you need compensation. What would you like your employer to offer you that they have not? What are they withholding from you that you would like the justice system to grant you?

Remember Legal Costs:

The prosecution is an expensive and time-consuming effort. You might not see results for years, and depending on your long-term financial situation you might not be able to afford legal fees. Is the outcome of your dilemma going to cover the cost of an attorney?

Is Your Case Strong Enough for Court?

What you might consider is a strong argument against your employer, in reality, might be dependent on circumstantial evidence. It’s important to consult with a professional. Trusted sources like a New York OSHA Complaints Attorney or another professional legal team will determine whether you have a case and help you decide if you should move forward with your claim.

Before you decide to follow through, remember that emotional resentment against an employer is not as powerful as evidence. Consider your goals, re-evaluate your evidence, and consult with an attorney before filing a claim.

Read Also:

Content Rally wrapped around an online publication where you can publish your own intellectuals. It is a publishing platform designed to make great stories by content creators. This is your era, your place to be online. So come forward share your views, thoughts and ideas via Content Rally.

View all posts

Leave a Reply

Your email address will not be published. Required fields are marked *

Related

personal injury attorneys

Personal Injury Attorneys Denver

One is exposed to many sudden accidents, especially when one live in a crowded city like Denver. Are you searching for personal injury attorneys? We hope that you never experience any kind of accident, but one should do his/her best to deal with any bad circumstances and prepare himself/herself accordingly. Personal injury attorneys Denver is a popular topic because people are looking for personal injury lawyers as they might have an accident in Denver So, we will let you aware of the necessary information about personal injury attorneys in Denver. Are personal injury attorneys worth hiring in Denver? You might think that your insurance company will handle any consequences of an accident you might have, but you should remember that any possible accident will include you and other parties. Personal injury experts at The Sawaya Law Firm point out that such lawsuits are not as straightforward as you might think. No one, be it a business organization or an insurance company is ready to part with claims without putting up a fight. Every claim they address eats into their revenues and profits. Victims need to be prepared as these bug organizations along with their battery of lawyers will go out of their way to deny fair and just compensation claims. Reasons why you need to hire personal injury attorneys in Denver: You have to deal with other insurance companies from other parties. Your insurance provider might not cover certain types of accidents. You might lose the negotiation with your insurance company. When you have an accident, you will be busy with the instant circumstances, and you will not think about how you will have compensation. When do you need a personal injury attorney in Denver? You can answer this question with "whenever you have a car accident," but it is more than car accidents. You might have an injury while walking because of road construction; it is a pedestrian accident. General construction accidents are included as they are common, and the areas under construction are dangerous. You can count bicycle and motor accidents in, as well. They are not of less importance than other automotive accidents. Defective products that might cause poisoning, might be expired, then you have the right of suing the market you bought from. Last but not least, wrongful death, experiencing the death of a relative, is miserable, and facing that with an outside factor, which would be the cause of your relatives’ death, will make things much more difficult and complex. And having a personal lawyer beside you will facilitate any legal actions. This is another good reason for having a personal attorney. Finally, you can include any sudden accident with personal injuries, and consult a lawyer whenever you are in trouble. What compensation might your personal injury attorney guarantee? It depends on your accident type and conditions — no certain answer for all cases. However, compensation must include any consequential damages regarding personal injuries in a certain case. No matter how much those damages will cost or what kinds they are. From physical medical expenses to consulting a psychiatrist because of the following depression. And here is another reason to hire a personal injury attorney, you really cannot get your full rights without an experienced attorney. How to find and hire a personal injury attorney Now, we will have some tips and questions to find the best personal injury attorneys. 1. Ask a friend It is not cool to remind a friend of a past accident, but your real friend will get you properly and help you. So, ask him or one with similar previous experience in your network. If none, go online, read reviews, and post your questions and case on local communities in Denver. That leads us to the second step in our searching process. 2. Identify your case clearly When you cannot figure your own needs, no one will be able to help you. So, be super clear, and post/tell every single detail of your case. Then, you will have many mentions and recommendations online. It is time to contact some lawyers before any communication. Do not let anyone affect your decision; some only look for commissions by recommending or other personal stuff. So, select what you feel they are good at and start interviewing. 3. Interview many lawyers After your selection of a few lawyers, it is time to interview them with good questions to be able to evaluate well and select the best for you. Let us see some necessary questions. How long have you been working in Denver? Have you ever dealt with personal injury cases? If so, How many cases or how long? How often do you deal with personal injury cases? How many personal injury cases did you resolve and win? Have you handled a case like mine? If so, did you win it? How much do you charge for such cases? What are your time expectations until resolving my case? Do you think my case will go to trial based on previous cases? Do you think we will have any unexpected difficulties? Will you work alone in my case, or will there be other attorneys? Will you keep me informed weekly? Do you have the time and resources to work on my case? What do you need from my side to start? Those are basic questions that can lead you to more detailed questions. Having all said, hopefully, you will not get in trouble, but if so, try not to rush, then evaluate your situation, whether it is a car accident or poisoning, and consult a lawyer to have the best compensation. Read Also: What you need to know to win your slip & fall case Do I Need a Lawyer for a Car Accident that wasn't My Fault?

READ MOREDetails
trial consultant

The Most Important Questions To Ask Your Trial Consultant Before Going To The First Day Of Your Court Case 

When you have to go to court, a million thoughts are running through your head. You are probably feeling insecure, panicked, and even terrified to go into the building because of what is about to happen. That fact can be authentic if you don't have the best communication skills or patience. This is where a trial consultant comes in to help.  The professional trial consultant can discuss the case with you and help you understand how to speak in court so that there are no problems later on with the client or the lawyer. Let’s see first who a trial consultant is. Who Is Trial Consultant? Every new law practitioner is facing a mental dilemma on their first day at court. Presenting your case the first time in front of the judge and many audiences will never be an easy task. But when you are appointed a professional trial consultant prior to your case, you can try the mock trial session for you. The professional trial consultant is not only organizing the mock sessions. They are also boosting up your mental strength and improving your communication skills. The trial consultant appointing is always bringing more benefits on your professional front. They are helping you prepare your witness and the paper presentations along with the improved argumentation skill. How To Speak Properly On Your First Day At Court? One question that you might have for your trial consultant is how to speak in a way that helps the judge and jury understand your case. A great example would be to think about someone who has a heavy southern accent and be in a trial in California.  Would they think less of him if they couldn't understand him? Or judge him based on where he is from? That is not supposed to happen, but there are times when it does. A trial consultant like Rick M. Goldberg & Associates can help you with language barriers and the most effective ways to communicate while ensuring that the lawyer is asking you the right questions credibly.  A witness should be confident and persuasive though never altering the truth and should be able to understand their role while providing credible testimony.  Your Trial Consultant Will Hold A Mock Trial For You Another question that you may have for the trial consultant is how the trial will take place. In many cases, witnesses only base a prosecution on what they have seen on television, and it goes pretty differently in real life.  As such, a trial consultant will have you hold a mock trial so that you understand how effective you will be in a formal setting. It also allows you to fine-tune your posturing and how you present the information of the case. They are practical and highly beneficial to witnesses because it helps them become more confident and helps to ensure they don't walk into a trial blindsided.  However, one note of caution that you will need to keep in mind is that you always need to remember to be fair. It can be harder to understand with the opponent because you are not usually allowed to replicate the mock trial or presentation or know everything they will be doing when they present the case.  Be Calm And Present Your Case Carefully A trial consultant is more or less efficient to ensure that when you walk into the room, you understand what is expected and how to present yourself in the best manner so that you can have a judge and jury know where you are coming from.  Presenting the facts in the best way possible ensures that you have the most substantial chance of success and winning your case. Using a trial consultant also ensures that your story is truthful, and you get to tell your side of what happened. Having that benefit ensures that you will maximize your chances of winning the case.  Conclusion: When you are taking your first case and face court the first time, you will face many challenges. The most important factor is that most law practitioners are facing challenges preparing for juries, papers. The most important factor is an argument in the court is challenging, and when you are taking the help of a professional trial consultant, all your hardships are turning out to be an easy and smooth process. Read Also: Three Practical Tips And Techniques For New Trial Lawyers Under What Circumstances Can You Bring a Claim Against an Employer? Under What Circumstances Can You Bring a Claim Against an Employer?

READ MOREDetails
California Lemon Law

California Lemon Law: Can You Get Your Kia Optima Repurchased?

Owning a car is a significant investment, and experiencing recurring problems with your Kia Optima can be frustrating and financially draining. If you're a California resident facing this situation, you might find solace in the California Kia Optima Lemon Law. Under certain circumstances, this consumer protection law offers a potential solution for repurchasing your faulty vehicle by the manufacturer, Kia Motors America, including the Kia Lemon Law buyback. Understanding the California Lemon Law: The California Lemon Law, also known as the Song-Beverly Consumer Warranty Act, safeguards consumers who purchase or lease new, used, or certified pre-owned (CPO) vehicles in California with a manufacturer's warranty. The law defines a "lemon" as a vehicle with: A substantial defect: This defect must significantly impact the vehicle's use, value, or safety. Common Kia Optima issues reported by owners include: Failed repair attempts: You must have documented evidence of taking your Kia Optima to an authorized Kia dealership for repair attempts. This typically means four attempts for the same issue or eight repair attempts for any combination of covered defects. Engine problems (e.g., stalling, excessive oil consumption) Transmission issues (e.g., slipping gears, grinding noises) Electrical problems (e.g., malfunctioning lights, power window issues) Infotainment system malfunctions (e.g., freezing, unresponsive touchscreen) Identifying the Signs: Is Your Kia Optima a Lemon? While the California Lemon Law defines specific criteria for a "lemon," you might also be wondering if your specific situation aligns with the spirit of the law. Here are some questions to help you assess the situation: Persistence of the Issue: Has the same problem persisted for an extended period despite multiple repair attempts at an authorized Kia dealership? This typically exceeds 30 days out of service or four repair attempts for the same issue. Impact on Usability and Safety: Does the defect significantly hinder your ability to safely and reliably use your Kia Optima? This could involve limitations in functionality, creating safety concerns, or excessive inconvenience. Value Reduction: Has the defect significantly reduced the value of your Kia Optima compared to a similar vehicle without the issue? This substantial financial loss can be a potential indicator of a lemon. If you answer "yes" to any of these questions, it's advisable to consult with a California lemon law attorney. They can assess your situation in detail and determine if your Kia Optima qualifies under the Lemon Law, guiding you through the legal process if necessary. Does Your Kia Optima Qualify as a Lemon? Unfortunately, there's no one-size-fits-all answer to this question. Determining if your Kia Optima qualifies under the Lemon Law depends on the specifics of your situation. Here are some key factors to consider: The nature of the defect: The defect must be substantial and significantly impact the vehicle's use, value, or safety. While the list above provides examples, it's not exhaustive. Repair attempts: You must have documented proof of taking your vehicle to an authorized Kia dealership, with details of the reported defects and the repairs performed. Lemon Law deadlines: California has specific deadlines for filing a lemon law claim. Failing to meet these deadlines can significantly impact your case. It's crucial to consult with a California lemon law attorney or the California Department of Consumer Affairs (DCA) to understand the applicable timeframes for your situation. What to Do if You Think Your Kia Optima is a Lemon: If you believe your Kia Optima might qualify as a lemon under California law, here are the recommended steps: Gather all relevant documentation: This includes your vehicle purchase or lease agreement, service records detailing the repair attempts, and any communication you've had with Kia regarding the repairs. Contact the Kia manufacturer: Attempt to resolve the issue directly with Kia Motors America by filing a formal complaint and outlining your concerns. While not mandatory, this step shows good faith and may potentially lead to a resolution without legal involvement. Seek legal advice: Consulting with a qualified California lemon law attorney is crucial. They can: Evaluate your case: They can assess the specifics of your situation and determine whether your Kia Optima qualifies under the Lemon Law. Advise you on your legal options: Depending on your situation, this might involve pursuing a repurchase, replacement, or monetary compensation from Kia. Handle communication with Kia on your behalf: An experienced Kia defect lawyer can handle all communication and negotiations with Kia, ensuring your rights are protected throughout the process. Conclusion If you're facing ongoing issues with your Kia Optima and are unsure about your rights under the California Lemon Law, seeking guidance from a qualified legal professional is imperative. They can provide crucial legal advice, evaluate your case, and help you navigate the process effectively. Remember, this blog post is for informational purposes only and should not be considered legal advice. Consulting with a qualified attorney is essential to determine your rights and legal options under the California Lemon Law. Read Also: 6 Law Fields With High Demand In 2024 Maximizing Your Compensation: The Role Of A Local Injury Lawyer When Health Meets The Law: Coping With Truck Accident Injuries

READ MOREDetails