Resolving conflict at work can be a challenge.  Both employees and employers try to walk a fine line when discussing employment issues because of the inherent difficulties of addressing work place disputes.  Disputes can arise when employees feel they have been wrongly terminated, employees face Discrimination Attorneys Ohio, or experienced challenges collecting earned overtime pay.  For an employee to be well prepared to discuss employment issues, it is important to read the employee handbook before going into any meetings with supervisors or other company officers.  Employee handbooks often reveal many steps that must be completed before the employment issue is fully resolved.  This article lists 4 tips to resolve your employment issues efficiently so you can return to the job or return to the job hunt. 

1. Read and Re-Read Your Employee Handbook

As mentioned above, the employee handbook is a fantastic resource and an employee’s best defense against discrimination or unfair labor practices.  The employee handbook is a record of all the procedural steps that must be taken either before termination or before reprimand.  If you feel that the proper procedure for addressing harassment and discrimination claims were not followed, you are well within your rights hire an attorney. 

Employee handbooks or codes of conduct generally provide information on behavior that will lead to corrective action and the number of corrective actions that are necessary before termination is considered.  Understanding how the company classifies and defines offences that could lead to termination can strengthen your case for wrongful termination. Reviewing this will give you an idea of what to expect not only at your employment review, but also at any disciplinary hearing.  Again, review this with an attorney if you believe you have been terminated unjustly. 

If you have reviewed your employee handbook and are unclear about the terms but feel that something contrary to company policy has happened, you are well within your rights to hire an attorney.  Find an attorney specializing in labor and employment issues, as they will be familiar with the relevant case law and proper agency to bring your claim.  This is crucial in matters of wrongful termination, harassment, and discrimination.  The right attorney can help advocate for your employment rights.

2. Review Papers with an Attorney Before Signing Them

If you are ever asked to sign a document you don’t understand, you are well within your rights to review the document more thoroughly before signing it.  Many employees feel blindsided by impromptu meetings with supervisors and are asked to sign documents without much time to review or respond.  If your supervisor has called you in to reprimand you and you are concerned that you may face harassment or wrongful termination, ask to review the document before signing it. 

Some employers use this as a tactic to lay the groundwork for termination as a way to show cause to fire an employee.  This is especially true for those who engage in protected activities like taking part in Family Medical Leave, filing a Workers Compensation Claim, or even complaining of Wage Violations.  You have a right to take leave and be properly compensated for your work, so make sure to review documentation presented for your signature so you aren’t discriminated against for using your available benefits.  An attorney with a focus in employment law and workers compensation claims can help review documentation and make sure that your employer is complying with all applicable laws and all policies presented in your employee handbook.

3. If You Plan to Use Alternative Dispute Resolution, Do Your Research

Some employers use ADR, or Alternative Dispute Resolution, to resolve disputes with employees.  Again, make sure that you review the employee handbook for any mention of alternative dispute resolution methods.  Mediation is the most common form, but some employers use arbitration to settle employment concerns.  Alternative Dispute Resolution methods are often suggested either during the process of filing a claim with the appropriate agency or in lieu of a lengthy trial process.  Work closely with an employment attorney to review your best options when faced with an employment issue that may go to Mediation or Arbitration.    

Mediation allows for a neutral third party to encourage conversation between the employer and the employee.  The mediation concludes with one of three outcomes: settlement, non-settlement, or withdrawal.  The settlement presents the parties with a mutually beneficial solution and they leave the mediation with a signed agreement, which will then bind the parties to take the discussed action.  If a non-settlement is reached, then the parties can continue with the employment claim at the agency level.  Withdraw from mediation must be by mutual agreement, and both parties must sign withdrawal documents. Every situation is different; it is important to work with an attorney to learn all the possible outcomes should you decide to mediate a claim with an employer. 

Arbitration allows the employer and employee to present each side of the employment dispute to the arbitrator, who will then make a binding decision at the end of the presentation of information.  Unlike Mediation, Arbitration presents the parties with a binding solution at the end of the process.  Both parties must agree to be bound before the start of the arbitration process.  Hiring an attorney for the arbitration process is always wise, as an attorney with experience in employment law and workers compensation claims can advocate for your rights in front of the arbitrator.  Your employer will be prepared with a legal defense, so be sure to have an advocate on your side.

4. Keep Accurate Records

Arbitration and Mediation are great ways to resolve conflicts, but even those methods of addressing employment issues need proof.  Make sure that if you witness or experience harassment, discrimination, or any other type of employment issue, you keep accurate and complete records.  This is especially true when applying for workers compensation benefits, where the Bureau of Workers Compensation often requests medical records from the treating physician after the work place injury.  Work with an experienced workers compensation lawyer who will help advocate for your claim, and even help prepare an appeal.

If you find yourself facing employment issues such as discrimination, harassment, or trouble filing a workers compensation claim, contact an attorney to help advocate for your rights.  An employment attorney can assist you in preparing a claim, filing your workers compensation claim, and represent you in the case of arbitration.  At Jones Law Group, we help clients address a variety of employment issues in Columbus and throughout Ohio.  Call 614-545-9998 or contact us online to schedule a free initial consultation with our team.