Proving Your Case

One of the most critical steps an employee can take when their rights are being violated is to maintain clear and accurate records. Memories fade over time, documents can be lost, workplace dynamics may change, policies may be modified, and key individuals may leave. Keeping detailed records as events unfold ensures that the employee has an accurate account of the situation, which can be invaluable in supporting their case.

Helpful Materials and Evidence for Supporting Your Claim

  • Journal of Specific Incidents
    Keep a journal documenting all specific incidents. Include dates, times, locations, witnesses, and the emotional impact of each event. A clear and thorough record will help establish a pattern of behavior and make your claims more credible.

  • Written Communications
    Retain any written documents or communications related to the incidents. This can include text messages, emails, or even social media messages that provide evidence of the misconduct or unfair treatment.

  • Timeline of Events
    Create a detailed timeline of events, including any prior claims, specific dates/times of conduct or actions related to the issues. The timeline will help establish the sequence and context of events, providing a clearer picture of the situation. 

  • Witness Information
    Document the names of other employees or individuals who are aware of the conduct at issue. Their testimony could serve as critical evidence if they have witnessed the behavior.

     

  • Accommodation Requests
    In cases requiring a workplace accommodation, retain copies of any formal or informal requests indicating the need for an accommodation, as well as any employer communications related to those requests.

The Importance of Reporting Workplace Concerns

When an employee believes their rights are being violated, it is important to consider internal reporting as an initial step, both because it creates a record of the concern and because employers are often entitled under the law to an opportunity to address the issue before further action is taken. However, before filing a formal internal complaint, it is crucial to understand the role of HR and what it can mean for your case.

HR departments serve as intermediaries between employees and managers when conflicts arise. They are tasked with maintaining a healthy work environment and protecting employees' rights.

However, it is equally important to recognize both the benefits and limitations of going through HR. HR exists primarily to protect the company’s interests. As a result, they may not always have the capacity or willingness to be objective when handling serious employment law-related complaints. Moreover, while HR is generally required to maintain confidentiality regarding certain matters such as medical conditions or unrelated personal information, they are not required to keep complaints confidential if those complaints involve potential legal violations. In fact, HR is typically obligated to investigate and take action, which involves sharing the employee’s concerns with others inside the company. This can lead to more people learning about the issue than necessary, increasing the risk of retaliation.

Before reporting serious workplace misconduct, it is important to have guidance from an experienced employment lawyer. A brief conversation can help you clarify the legal basis for any potential claims and ensure your concerns are framed effectively—both to strengthen your position and to reduce the risk of retaliation.