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How Can an Employee Prove His Employers Misconduct

By Edited Feb 10, 2014 0 0

Employees are not just the ones who can be charged with misconduct. In fact, research shows there has been a considerable increase in employer misconduct in the last couple of years. But what is employer misconduct and how does an employee recognize and prove it?

Like employee misconduct, employer misconduct is an action that violates a person's civil rights or the conditions of a law. Here are some situations that are considered employer misconduct:

  • Negligent hiring / retention – An employer has the duty to conduct a research on an applicant's background. If an employee encounters problems at work because his employer did not conduct a background investigation, the employer may be sued for the damages.
  • Harassment, assault, and battery – Employers can be sued for these violations even if they did not do them. Under vicarious liability, an employer may be held liable for his employee's adverse actions if he failed to fulfill his duties.
  • False imprisonment – If an employer illegally detains his worker because of a work mistake or misconduct, it is the employer who would be penalized.

These are just some situations that can be referred to as employer misconduct. Other adverse actions include wrongful termination, discrimination, and unequal treatment. If you are an employee and your employer has committed an adverse or illegal action against you, here are some of the steps you need to do to prove your accusation:

  • Take note of the actions that your employer committed. Keeping a daily diary at work is a great way to do this.
  • Try to join groups in your company and get information regarding the employer's misconduct.
  • Be aware of rumors within your workplace that pertains to your employer's illegal actions. Of course, you need to verify them first before including them in your notes.

Once you have taken these steps, you can talk to your employer and warn him about his misconduct. If he threatens to fire you from the company, write that down also. This is the time that you will need an employment attorney to handle your complaint for your employer's misconduct.

When an employer commits illegal actions, his employees should not keep silent. They have the right to a peaceful and pleasant work environment. If you and your colleagues are afraid you would get fired because of your legal action, do not worry. With the help of a Los Angeles labor attorney and your state department, you would be protected from any retaliatory actions by your employer.


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