Florida Probate Attorney

Dealing With Employment Disputes

Posted on 23. Feb, 2010 by Admin in Uncategorized

It takes a good deal of nerve to stand up to one’s employer, but nerve alone is not enough to win the case. Many workers have filed and lost discrimination complaints–and lost their jobs in the process–because of poor or nonexistent strategy. Below are some things every employee should keep in mind when dealing with employment disputes.

Assuming and finding fault

Disadvantaged workers are prone to the “victim syndrome,” wherein they assume they did nothing to deserve unequal treatment. While nothing excuses unfair treatment, many problems can be prevented with a bit more initiative. Employees can be more proactive by self-monitoring their work, developing new skills, and making backup plans. Studies show that workers who do so seldom get overlooked or terminated in the first place.

Communicating properly

Poor communication is said to be the leading cause of layoffs, but also the least recognized. Employees who are fired or refused promotions tend to act impulsively, often by writing or talking negatively about their employers or telling them off directly. Needless to say, this only aggravates the problem. As mentioned above, the employer often has as much to say about a disadvantaged worker as the other way around.

Analyzing leverage

Employees seldom have useful leverage in workplace disputes; the little they do have usually pales in comparison to their employers’. For instance, the company can simply choose to fire workers who complain on the spot. An employee’s leverage is more or less equal to his performance: if one is on good terms with the management, works well, and is a valuable member of the team, he may have better chances of steering things his way.

Understanding laws (and how they are enforced)

It’s true that there are many laws ensuring the fair treatment of employees, but their enforcement is not automatic. Employees often make the mistake of demanding rights based on the mere existence of these laws, which, more often than not, costs them their job. Particularly in big companies, a worker has to file a formal request (or a complaint if they have been previously denied) in order to get FMLA leaves and other such benefits.

This article is not to be taken as legal advice.

Additional legal resource: Florida Labor Law Firm Shavitz Law Group, P.A. Serving clients throughout Florida.

Tags: employment disputes, employment laws, labor laws