How to Sue Your Employer and Win

VERBAL COMMUNICATION

It is important that you let the offenders know - verbally if possible - that what they're doing to you is unacceptable. Don't give them the chance to be able to say , "I didn't know that it bothered her/him".

You can say something as simple as, "I've noticed that you have been giving [certain employees] more advanced jobs. I would also like those same opportunities". Another example is: "[Employee], you have been doing ____ to me lately, and I don't like it. Please stop".

DOCUMENT, DOCUMENT, DOCUMENT

The importance of documenting cannot be stressed enough. Employers/Employees are going to tell every lie possible to stay out of trouble, and all of that documentation will be your main ticket to victory.

Always follow-up Step 1 with a letter to the people involved. Knowing that you are documenting, may be enough to make them back off. ALWAYS put "c: file" (without quotes) at the bottom of your follow-up letters, and PLEASE keep a copy for yourself. They don't know what you're going to do with the copies, and at this point, it's none of their business.

For each incident and subsequent meeting, no matter how small it seems at the time, always document. Include date, time, people involved, witnesses (if any). Be as detailed as you can.

A tiny camera comes in handy for the employees who choose to be more visual than verbal.

Type all notes and save all pictures onto your computer, and save to a disc. A cd is fine, but a portable USB drive is even better!

p.s. There is no such thing as something being 'OFF THE RECORD'. Everything goes into your documentation!

CHAIN OF COMMAND - THE MOST PAINFUL STEP

Yes, it is difficult and discouraging to have to tell the big bosses about your poor treatment - especially when they golf with your immediate supervisor and some of the other employees - but this step must not be skipped.

The judge is going to ask you if you attempted to resolve these issues internally, and you have to be able to say yes. This includes dealing with Human Resources, the union, and your boss' boss.

Brace yourself, sometimes there is retaliation at this step, but you must not give up.

Sometimes, things get resolved here at Step 3. Most of the time, you will need to move on to Step 4.

FILE A COMPLAINT WITH AN EXTERNAL AGENCY

In most cases, this would be EEOC - Equal Employment Opportunity Commission . Some states have other agencies as well. More information on EEOC can be found at http://www.eeoc.gov/ .

Take whatever pertinent documentation you have, but don't give them your only copies. You will not get them back! The meeting will be brief, and you need to convince the intake person that you have indeed been discriminated against, based on one of the protected classes.

If you are Caucasian and male, don't fret. EEOC can help you as well! Ethnicity is not the only factor!

There is also the ACLU - American Civil Liberties Union, but they will only help you if they know for sure that they can win. They don't want to have to fight hard. Sorry, but it's the truth.

Sometimes, your grievance can be resolved at this level. But there's always the chance that you will proceed to Step 5.

MEDIATION

Mediation is almost mandatory with most agencies now, so just go and hope for the best. A lot of times, mediation can help resolve the issues. Other times, you will move on to Step 6.

HIRE A LAWYER AND GO TO COURT

Once you have exhausted all of your administrative remedies, it is time to talk to a lawyer. You can certainly contact one before you get this far, but they really can't do much until you have done all of the other steps.

You don't work for the lawyers; they work for you. Interview them like you are interviewing an employee for your own company. Make sure that they are experienced in employment law and civil rights law. This is very important! You don't want to go into court knowing more than your lawyer.

You will be interviewed by your employer's lawyers, but don't let them intimidate you. You may not have employees on your side to tell the truth, but you have DOCUMENTATION and pictures. (Oh, if you sneaked and tape recorded meetings or conversations, keep that to yourself. It's really not all that legal, but can come in handy, in case your mind gets foggy while you are typing up your documentation.)

If you have all of your ducks in a row, the employer's lawyers are most likely going to want to settle This will save them much embarrassment in court. Pray that your lawyer is a good negotiator.

If you end up in a full-blown trial, it's not the end of the world. Go up there and tell the truth. Don't let anyone trick you into changing your story. The last thing you want to do is say, "Well, I'm not too sure now ...". Stick to your story and don't ever change it!

CONGRATULATIONS!

Either you will settle, or the jury will be very generous. There may or may not be an appeal, so brace yourself for it. If there is an appellate process, still .... stick to your story!

RELAX .... AHHHHH!

You have probably either resigned or are on stress leave by now, so take some of that money and treat yourself to a well-deserved vacation. Then, find yourself another job.

BEST OF LUCK TO YOU!