Michelle Cohen Levy

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Tips for resolving workplace discrimination cases

| Feb 24, 2020 | Workplace Discrimination |

Florida workers and others who are treated differently than their colleagues are because of their gender or other attributes could be victims of workplace discrimination. While it can feel awkward for an individual to report what he or she has experienced, it is important to be heard. At a minimum, workers should document what has happened to them, and they should get copies of anything that they may not be able to retrieve if they are fired.

For instance, it may be worthwhile to obtain a copy of an employee handbook or emails sent by a manager to a worker through a company email server. Individuals should be careful about who they report any misdeeds to. Although talking to HR about harassment in the workplace may seem like a natural step, it’s important to understand that this department is there to look out for the employer.

Workers may be asked to sign a non-disclosure agreement, or NDA, as part of a financial settlement. Those who are asked to sign an NDA may want to discuss the proposal with an attorney or other representative first. One attorney says that it may be possible to negotiate different compensation levels based on the action an employee takes. For instance, an individual may get more money in exchange for his or her silence and a lower settlement amount in exchange for simply resigning.

If a company violates employment laws, it could be liable for financial damages that an employee incurs. Those who are wrongfully terminated after filing a complaint might be entitled to back pay and punitive damages. An attorney may be able to review a case to determine if an individual was treated differently. Employment law cases might be settled out of court if an employee wishes to avoid a trial.