Dallas Employment Lawyer Blog
Finding yourself in a situation where you are still employed by an employer you have ongoing employment claims against can be incredibly stressful. It’s crucial to balance protecting your legal rights while maintaining professionalism and protecting your position.
Here are some practical steps to help guide you on how to handle working in a hostile or potentially contentious environment when you have an active legal claim against your employer. These steps can help reduce stress, protect your rights, and ensure you approach the situation effectively.
1. Know Your Rights and Legal Protections
First and foremost, you need to have a clear understanding of your rights under federal and state employment laws. In many cases, employees who file claims against their employer are protected by anti-retaliation laws. For example:
- Anti-Retaliation Protections: Under federal laws such as Title VII of the Civil Rights Act of 1964, the Fair Labor Standards Act (FLSA), and the Family and Medical Leave Act (FMLA), employers cannot retaliate against employees for filing claims related to discrimination, wage disputes, or leave rights.
- Whistleblower Protections: If your claims are related to reporting unsafe working conditions or illegal activities, you may be protected by whistleblower laws.
These protections are critical. If your employer takes adverse actions against you—such as reducing your hours, denying you promotions, or firing you—in retaliation for your legal claims, you may have grounds for a separate legal action against them.
2. Maintain Professionalism and Document Everything
While it can be difficult to continue working in an environment where you have a legal dispute with your employer, maintaining professionalism is essential. Continue to meet the expectations of your job, complete tasks efficiently, and follow company policies. However, be mindful of the following:
- Document Everything: Keep detailed records of any interactions with your employer, supervisors, or colleagues that might be relevant to your legal claims. Document any incidents of retaliation, discrimination, or harassment, as well as any communications related to your ongoing claim (emails, letters, meeting notes, etc.). This documentation can be invaluable if the situation escalates, and you need further legal action.
- Keep a Work Journal: In addition to formal documentation, consider keeping a private journal where you write down your thoughts and observations about your workplace environment. This can help you recall important details about the situation later if needed.
Accurate documentation helps you build a strong case, and it’s a great way to protect yourself from any false claims or misunderstandings.
3. Avoid Discussing the Legal Claim at Work
While you may feel frustrated or the need to discuss your employment claim with coworkers, it’s generally wise to avoid talking about your ongoing legal matters at work. Sharing details about your case with colleagues can:
- Lead to misunderstandings.
- Be used against you if the case proceeds to court.
- Create tension and workplace gossip.
Instead, it’s advisable to communicate only with your lawyer and ensure all sensitive conversations about the case remain confidential. Your attorney can guide you on how to address questions or concerns about your case if they arise.
4. Manage Stress and Protect Your Mental Health
Working while managing an ongoing legal claim can be emotionally taxing. It’s essential to recognize the stress and potential emotional toll this situation can take on you. Here are some steps to help protect your mental health:
- Seek Support: Reach out to family, friends, or a support group for encouragement and advice. Talking about your situation with people who can offer emotional support can alleviate some of the stress.
- Consider Professional Help: Therapy or counseling can help you manage the emotional and psychological challenges of dealing with workplace disputes. Many employees find that speaking with a licensed therapist can provide them with strategies to cope with workplace tensions.
- Take Care of Yourself: Make sure to maintain a healthy work-life balance, exercise, eat well, and prioritize sleep. Caring for your physical well-being will help you stay resilient in the face of challenges.
5. Know When to Escalate or Seek Legal Intervention
There may be situations where your employer’s actions cross a line—whether through retaliation, harassment, or attempts to undermine your claim. If this happens, it’s important to act swiftly and seek legal intervention. Some scenarios where you should consult your attorney include:
- Retaliation or harassment: If you experience retaliation (such as a demotion, harassment, or termination) because of your ongoing employment claim, it’s essential to document these actions and contact your lawyer immediately. You may have additional grounds for a legal claim.
- Hostile work environment: If the work environment becomes unreasonably difficult or hostile due to your claims, you should discuss your options with an attorney. In some cases, an employer’s failure to address workplace hostility can lead to further legal consequences.
Your lawyer can advise you on the best course of action if your employer’s behavior worsens during the claims process.
Conclusion
Navigating the workplace while you have ongoing employment claims against your employer can be difficult, but with the right approach, you can protect your legal rights and maintain your professionalism. Looking for an attorney in Texas to help you navigate the process? Reach out to Rob Wiley P.C. and call me at our Dallas office today.