Having problems and disagreements with the people you work with isn't too uncommon. However, there are instances when these disputes end up in court and the worker is up against his former boss in proving that he is entitled to receive back pay for his lost wages.
So, both the employee and the employer must work together in solving labor disputes in order to prevent lawsuits that will permanently taint their working relationship. Here are the common bases of employment disputes that should be addressed immediately.
- Discrimination. Discrimination creates an unhealthy work environment that affects the workers' creativity and productivity. Once a complaint has been brought to the attention of the employer, he must immediately conduct an investigation to prove the validity of the complaint and do something about it.
- Unfair Compensation. Employers must be aware of all the state laws regarding the worker's compensation. It would help if he has a lawyer to advise him on employment policies and issues on compensation so that workers are adequately compensated for their services. Likewise, the worker must know his rights so that he won't incur losses while working.
- Meal and rest breaks. Not every state has laws that require employers to provide meal and rest breaks to their employees. However, in these states that do, like California, employers are likely to face lawsuit if they fail to allow their workers to take these mandated breaks. If proven guilty of the offense, they would have to compensate for every break that wasn't taken by their workers.
- Misclassification. There are workers who are exempted by the FLSA from receiving overtime pays as they are paid on a monthly basis unlike other workers who are paid by the hour. Unfortunately, there are workers who are misclassified and so their salaries are deducted for every hour of missed work even if they fall under the exempt status.
- Harassment. Keep in mind that harassment charges can be filed by both male and female workers against the harasser who may or may not be of the same gender. Sexual harassment cases can be filed by workers who are subjected to unwanted physical contact, intimidation, and other behavior that are sexual in nature.
It is important that these disputes be settled as soon as possible so that time won't be wasted and employment practices will be improved. To help you with your legal concerns about your employment rights, it is advisable for you to consult with a competent employment law attorney who has a lot of experience in handling issues like that.