Navigating Employment Disputes: Tips for Employees

Dealing with an employment disputes can be a stressful event.

There are various ways to resolve employment disputes, including informal and formal methods, depending on the details of your situation. Workplace issues can arise from situations of discrimination, wrongful termination, harassment claims, and wage disputes. In many cases, a company will have policies for resolving these issues through internal channels.

Tip 1: Review Company Policies

It is important to review your employee handbook and contract for an indication about how these problems are resolved. There may be formal procedures that detail how employees and employers handle disputes, including grievance processes, reporting channels, and steps to mediate an incident. In most situations, it is important that employees understand that they have rights to resolve a dispute with their employer.

Tip 2: Document Everything You Can

It is critical to keep records of the problem that arose at work. This includes:

• The names of anyone involved in the incident
• Dates and times of the incident
• Detailed notes about what happened, including a description of events and actions that may have led to the dispute
• Written communication, such as texts, emails, and handwritten notes

You can use these details as evidence to resolve your dispute internally or file a legal claim.

Ways to Resolve Employment Disputes

Workplace disputes can be resolved in two main ways:

1. Internally, through your employer
2. Externally, by filing a legal claim with an attorney

Resolving a Dispute Through Your Employer

If your company has an HR department, HR personnel may attempt to resolve issues between employees and management. Many companies have grievance policies with established procedures for addressing workplace issues such as harassment, discrimination, pay disputes, unfair treatment, and safety concerns. Your company may provide the following avenues to resolve workplace conflicts:

• Employee hotlines
• Open-door policies
• Grievance procedures

Outside of company procedures, employees and employers may also attempt to resolve the conflict through:

• Mediation: A neutral third party guides negotiations between the parties. If no agreement is reached, mediation is non-binding.
• Arbitration: A neutral third party makes a binding decision. Many employee contracts in Florida include a mandatory arbitration clause requiring this type of resolution. If you’re unsure whether your contract includes such a clause, consulting an employment attorney is advisable.

If the dispute involves a violation of employment laws (e.g., discrimination, wage claims, or harassment), an employee can file a formal complaint with agencies such as:

• The Equal Employment Opportunity Commission (EEOC)
• The Florida Commission on Human Relations (FCHR)
• The U.S. Department of Labor (DOL)

These agencies can handle employment disputes that violate the law and help employees resolve disputes.

Filing a Lawsuit

If other methods fail to resolve the conflict, or if the incident involves a violation of employment law, an employee may file a lawsuit.

• State or federal court: The applicable court depends on the details of the claim. For example:
  • A violation of state wage laws may be best suited for state court.
  • Discrimination under the Americans with Disabilities Act (ADA) might be handled in federal court.

Filing a lawsuit doesn’t always mean the case will go to court. Both parties often negotiate a settlement, which could include compensation, reinstatement, or changes to employment.

Florida’s employment laws are complex. In many cases, consulting with an employment lawyer is the best first step to take. A Florida lawyer can provide guidance on resolving the conflict and assist in filing a lawsuit, if necessary.

Why Choose Clayton Trial Lawyers for Your Employment Dispute Case?

Clayton Trial Lawyers, LP (“CTL”) is committed to representing your best interests when you are hurt and most vulnerable.

• Trusted Advisors: We will listen closely to your story and bring compassion, legal knowledge, resources, and expertise to your case.
• Personalized Attention: Unlike other firms, we provide individual attention, guidance, and care.
• Relentless Advocacy: We stand up for the rights of our clients, even in the face of powerful adversaries.

If you’re facing an employment dispute and need expert legal guidance, Clayton Trial Lawyers is here to help. Don’t navigate this stressful time alone—reach out to us for compassionate, personalized legal support. Contact us today for a consultation.