Before talking about how to win an Employment Discrimination & Retaliation Lawsuit, let us first determine what exactly Employment Discrimination & Retaliation is.
Employment discrimination occurs when an individual in not hired, promoted, given salary increase, benefits and holidays or when he is fired due to his gender, ethnic race, religion preference, age (over 40), pregnancy, disability and citizenship.
Retaliation is any hostile act done by the employer within a short period of time after a complaint was raised by an employee. An employee could be fired, denied of his salary raise, change his work assignments, not promoted or not permitted to take leaves of absences. Every employee has the right to protest if he feels he was discriminated and should not receive any adverse reaction from his employer.
If you feel you need to file an employment discrimination and retaliation lawsuit, here are some tips to win it.
#1 Tip: Keep Your Records Safe.
Make sure you have your files to support your case. It could include the names of the individuals who did the act, the dates when events did occur or any messages and documents that can serve as evidence. Keep it in a safe place, where no one can easily find it.
#2 Tip: Tape your Conversation.
Inform your employer about your protest but be sure to carry a small recorder with you when you do this. Your employer is expected to investigate any complaints of discrimination and should make any necessary remedy. Your recording of the conversation will serve as proof that a complaint has been made. And if the company does nothing in regards to your protest they will be accountable to the law.
#3 Tip: Be Prepared.
After laying your card out to your employer, it is expected that you will receive an adverse reaction from your boss. Be prepared for this. Don't forget your recorder whenever you are in the company premises. The more words or acts of retaliation you get from your boss, the stronger your case can become.
#4 Tip: File a Complaint.
You need to file your case to the local Department of Employment. You can do this even without a lawyer. The department usually needs several months to investigate and research the case you filed. If they find strong evidence backing you up, you may now need to get a lawyer. But in case your complaint was dismissed, they will give you the options of suing your company right away or simply dropping your case.
After having the permission to sue or even before it, look for a lawyer specializing in discrimination suits. Show him all the evidence you've collected, including all the recordings you have made, the files you have kept, as well as testimonies from your co-workers if possible. Tell him that you were able to make a recording of the conversation you had with your boss when you made a discrimination complaint to him.
And, of course, you need to prepare yourself to face your employer in court.