When you are hired as an employee, you make an agreement with your employer. You agree to complete the work assigned to you in return for benefits. Your employer is required to pay you on time and ensure that you work in a safe environment.
Most employers live up to their side of the agreement. However, some try to take advantage of employees or fail to ensure that the work environment is safe. When that happens, you may have the right to sue your employer for compensation.
But should you sue? How will it affect your current employment and future employment prospects? And most importantly, is your case strong enough to win?
Making a Strong Case
The key to winning any employment litigation case is physical evidence. If you have enough evidence and it is strong enough, you are almost certain to succeed at trial. However, if the case comes down to just verbal testimony, you aren’t likely to win unless you have many people testifying in support.
This means that as soon as you suspect an employer is violating your rights, you need to start documenting the situation. Keep copies of every document (including email) that supports your case in a location that isn’t controlled by your employer.
In addition to collecting evidence, you should contact an employment attorney as soon as possible. They will help you understand your legal options and guide you to avoid mistakes that can hurt your case. Your attorney will also evaluate the strength of your case during the initial consultation.
Discrimination Cases
Arizona law recognizes nine protected classes. If you are a member of one of those classes, your employer can’t treat you differently from other employees based on your membership in that class.
To prove that you have been discriminated against, you will need to show some type of disparity in how your employer treats you and other employees. Your employer probably won’t explicitly state that they are discriminating, but they are likely to reveal hints of discriminatory attitudes in internal communications.
If you allege pay disparities, keep full records of how much you were paid. Your attorney can acquire records of how other employees are paid and compare them to determine whether you have a case.
Wage Theft
You don’t work out of the goodness of your heart. You work because your employer pays you. At least, that is how it is supposed to be.
If you suspect that your employer has been skimming from your paycheck or not counting some hours that you worked, you need to speak to an employment law attorney immediately to discuss a wage theft case.
The main records you will need to prove a wage theft case are pay documents and proof of the hours you worked. If you submit any type of time card, keep a copy of what you submitted. This is excellent evidence if the time you are paid for differs.
If your employer ever tells you not to submit hours that you worked, try to get that information in writing. But be careful about how you do this. You don’t want to start a confrontation that could result in you getting fired.
Retaliation
According to Arizona law, you can’t be terminated for standing up for your rights or reporting the illegal behavior of your employer. If you have previously taken legal action against your employer, you should watch closely for retaliation. Maintain precise records of everything that happens at work and share that information with your attorney.
Employers often disguise retaliation by claiming that the employee in question is underperforming. You need proof that you are doing your job well and that any complaints about your performance are unfounded.
Consult with an Attorney Who Will Defend Your Rights
The difference between a strong case and a weak case is night and day. If you have a strong enough case, your attorney may negotiate a favorable settlement and you may not even need to go to court. However, if you have a weak case, it will probably be difficult to work out a settlement.
When you bring your case to Ernst, Brown & Draper, the first thing we will do is evaluate the strength of your case and give you an honest assessment of the case. Contact our law firm today if you need an employment attorney in Arizona.
