If, for example, an employee has been wrongfully terminated, discriminated against in the workplace, or harassed, they may have the right to file an employment lawsuit and get the justice and compensation they deserve. But filing an employment law claim does not automatically mean an employee will receive the justice and compensation they deserve. For instance, an employer might go bankrupt before an employment law case is concluded. Also, some employees make mistakes that adversely affect their chances of getting the justice and compensation they deserve. We are all humans, and making mistakes is a regular thing. But, if you have an employment law claim, you must do your best to avoid making mistakes that can adversely affect the outcome of your case.
The following are some of the ways employees sabotage their employment law claims. If you have an employment law claim, it would be best for you to avoid the following:
Failing to Document
It is no secret that harassment, discrimination, and retaliation are still common in the workplace. However, you need evidence to prove a discrimination, retaliation, or harassment claim. Because of this, it is crucial that you document your complaints. If, for example, you complain to your employer about discrimination, make sure the complaint is in writing. For instance, you can notify your employer about discrimination through email.
When documenting illegal conduct, you must ensure that you provide specific details. If you believe you were discriminated against because of your age, ensure you state that clearly. If you are not clear in your documentation, for example, if you say you have been mistreated, it might not be enough to prove illegal conduct. Being mistreated does not automatically equal unlawful conduct.
Withholding Information From an Attorney
It is vital for you to be honest with your attorney if you have an employment lawsuit. Even if you believe that a particular piece of information will harm your case, you should share it with your attorney. Remember, your attorney is on your side. When your attorney knows the ugly details up front, they can deal with it and find ways to prevent it from hurting the outcome of your case. On the other hand, when an employment attorney finds out about ugly details during litigation, it is usually hard for them to deal with the information at that point.
Getting Themselves Fired
If you file a legal claim against your employer while still working for them, you must continue doing your job to the best of your ability. Your employer cannot fire you for illegal reasons, but they can fire you for, for instance, showing up late for work or messing up assignments. If you give your employer a reason to fire you after you have filed an employment law claim against them, it might adversely affect the value of your claim.
Failing to Mitigate Damages
A plaintiff in an employment law case must take reasonable steps to mitigate their damages. If, for example, you were wrongfully terminated, you must diligently search for comparable employment. Failure to take steps to mitigate damages may limit your damages award.
Contact Us for Legal Help
If you have an employment law claim and need legal help, contact a qualified and dedicated New Jersey employment lawyer at The Trabosh Law Firm.