- Do learn both your state and federal labor laws before pursuing legal action of any kind.
- Do document everything in writing, if at all possible. This means emails, letters, and even screenshots of text messages, if you have them. The more documentation you can provide about your claims, the stronger your case will be.
- Do record audio if you cannot get things in writing. In the USA, some states are one party consent states, while others require the consent of all parties being recorded. Here is the full list of state requirements: https://www.justia.com/50-state-surveys/recording-phone-calls-and-conversations/
- Do not let on or even remotely threaten your employee with a lawsuit or other legal action e.g. Labor Commission complaint. The less these scumbags know about your intentions to nail them, the better. Continue gathering your evidence and documentation. Tell no one what you plan to do, not even other employees.
- If you think your case warrants a civil lawsuit, do speak to an attorney before pursuing other legal actions like filing complaints with labor boards. The first step in a civil lawsuit is often for your attorney to try and negotiate a settlement on your behalf without having to go to trial. If you agree to a settlement, you cannot also file a labor board complaint at the same time. It is typically one or the other. A settlement agreement can often get you more money than a labor board complaint will.
- Do not give up if the first few lawyers you reach out to are unwilling to take your case. Persistence is key. Some firms are only looking to file against huge corporations, and other firms will take nearly anything, as long as there is grounds for a claim.
- If you have already been terminated, laid off, or have already quit, do stop communicating with anyone from your former employer's company, even if they contact you first. This includes your former boss or co-workers. If you have an attorney, leave all of the communication to them. If you do not yet have one, focus on gathering as much evidence as possible to support your case.
- Do understand that any termination, demotion, or harassment taken against you by your employer for exercising your protected employment rights, including speaking up about misclassification, work place safety issues, suspected discrimination, or illegal activities, is considered retaliation and is ILLEGAL.
*This is not to be construed as legal advice. I am not a lawyer. I am just someone who is currently going through the process of filing a suit against my former employer and these are things I have learned (sometimes the hard way).
I want each and every one of you to know your rights and to exercise them whenever possible. The common worker's life is spent being continually exploited in one way or another. When the exploitation crosses the line into illegal territory, workers must do what they can to protect themselves and each other.
Let's get the scumbags!