HR’s job is to protect the company, not its employees.
Going to HR may seem like a natural first step when something goes wrong at work. The problem, however, is that tipping off your employer that you may take action can backfire.
HR is a great place to start for routine questions and issues, like requesting leave, addressing a scheduling conflict, or getting more information about benefits. In other situations, your best bet is instead to seek the advice of an experienced employment lawyer. That is especially true if you have already raised the issue with HR and nothing has changed. Or if you get the sense that the company is already trying to come up with a reason to fire you.
At Justice Law Corporation, our California employment class action attorneys help working people who have been shortchanged or mistreated on the job. Our lawyers can help you determine if you have a claim and take action to enforce your rights. We are experienced attorneys who have a track record of success in court and through negotiated settlements.
Unlike the HR department, your employment attorney works for you. If you are facing termination, have been presented with a document to sign, or believe you are being retaliated against, it is a good time to consult a lawyer. Even a brief conversation can help you better understand your options before you take steps that are difficult to reverse.
Below are some common scenarios of when it is time to see a lawyer.
You Have Already Talked to HR
Do not keep going back to HR and expect things to change. If you have raised a concern about unpaid wages, discrimination, harassment, safety violations, or other issues, going back a second, third, or fourth time rarely produces a different result.
A seasoned employment lawyer can advise you on whether you have a viable legal claim, the kinds of evidence that you should be preserving, and whether it is time to file a complaint in court.
An attorney can also help you recognize potential retaliation. Although state and federal laws ban employers from punishing workers for speaking up on the job, it is all too common to see employers engage in such retaliation. Firing is the first form of retaliation that comes to mind for most people, but it also includes a wide range of other punishments, such as slashing workers’ hours, changing their schedules and assignments, and passing them over for promotions and training opportunities.
If you find that all of a sudden you are getting the cold shoulder after raising an issue with HR, it is worth discussing the situation with a lawyer.
You are About to Be Fired
Time is of the essence once termination is on the table.
Maybe you have all of a sudden been placed on a performance improvement plan that feels pretextual, or perhaps you just found out that you are being placed on leave pending an “investigation.” In either situation, the window to take action is already closing. An employment lawyer can review the circumstances of your termination and help you understand whether you have a wrongful termination claim.
It is crucial to talk to an attorney before you sign anything. Employers often push severance agreements when showing employees the door. These are binding contracts that typically require the employee to release all of their legal claims against the employer. That means by signing, you give up your right to sue over anything covered by the release, including claims you may not even know you have yet.
Do not sign a severance agreement without first reviewing it with an attorney. Even if you are not being fired, it is a good idea to have a lawyer review any new agreements, such as performance improvement plans, non-compete contracts, or commission deals. Signing these documents can permanently affect your rights. Once signed, they are difficult to undo.
The Problem is Related to Your Pay
Wage and hour violations are sadly rampant across industries and employers statewide. Some of the most common violations include:
- Minimum wages
- Commissions
- Overtime pay
- Off-the-clock work
- Time card fraud
- Illegal deductions
- Misclassification
t is often more effective to resolve these issues with an attorney’s demand letter than through a conversation with HR, particularly if you have already tried to get an explanation for why you are being shortchanged. An attorney can quickly evaluate your claim and save you weeks of going back and forth with HR.
Blowing the Whistle on Safety Violations or Illegal Conduct
Some situations involve conduct that goes beyond mere workplace policy violations and veers into illegal activity or poses serious safety hazards. These are not circumstances to navigate through HR alone.
Employees in California have strong rights and protections when it comes to blowing the whistle on illegal activity and safety violations. Those protections can, in some cases, depend on how and when an employee takes action. An employment lawyer can help you make a report in a way that preserves your legal protections, rather than risking that a poorly documented internal complaint may not qualify for protection later.
Whistleblower cases often involve murky situations in which it is not entirely clear whether certain conduct is illegal. It is important to understand that you are protected if you blow the whistle, even if it turns out that you were mistaken or if there is not enough evidence to prove what you believe you observed.
Our California Employment Class Action Attorneys Can Help
If you believe that your employer is violating your rights on the job, whether it is by being underpaid or in other terms and conditions, you do not need to go it alone. A California employment class action attorney at Justice Law Corporation can help you evaluate your claim and understand your rights and options.
Contact us at (818) 230-7502 to schedule a free consultation with a California employment class action attorney.
