Know your rights is a pretty big slogan today. But how do you navigate through all that legal jargon to understand what you can actually do for yourself?
Workers have to fight for the basics of pay and benefits but there’s also claim disputes and unclear contracts.
Do you know the legal protections that are there to shield you from exploitation and oversight? Here are 10 overlooked writes and practical strategies to help you advocate for yourself.
1. Safe Working Conditions
Not everyone knows that they’re entitled to a workplace that doesn’t have hazards. The Occupational Safety and Health Administration (OSHA) isn’t just an acronym to put in a joke. They set the federal standards for your safety.
You can file a complaint with them if you experience something unsafe at work. This could be something as simple as being told to handle heavy machinery that you haven’t been trained for. It’s within your rights to not only report this but not fear retaliation.
2. Wage and Hour Protections
Your wages are determined by both federal and state laws. There is a federal minimum wage and then a separate state minimum wage and overtime rules. A way for companies to get around this is misclassifying an employee as an independent contractor.
This can lead to wage theft. Independent contractors can work 50 hours a week without any overtime pay period but if you were misclassified as an independent contractor you could be owed compensation because this would be illegal. Track your hours diligently. It may seem overly simple but it is the most effective way to protect your earnings.
3. Anti-Discrimination
The Civil Rights Act exists for a reason. Title VII Addresses discrimination specifically. Everyone has rights within the workplace and their race, gender, religion, or national origin should not be a determining factor for any decision.
A discrimination suit requires a lot of documentation. If you’re starting to suspect you’re being discriminated against you need to document everything. That way if your case escalates to a formal complaint you have all the support you need.
4. Dealing with a Formal Claim
Injuries on the job can get complicated fast. If you’re employed at your job you have the right to compensation for medical expenses and lost wages. Don’t try to navigate one of these claims alone. This isn’t a simple legal matter as there are regional differences in compensation methods.
Around 7% of workers’ compensation claims are initially denied. This means that you have to file an appeal or provide additional evidence. Denials are usually because of insufficient evidence. You can significantly improve your chances of approval by consulting experienced worker’s compensation lawyers in Oklahoma.
5. Unions
The unions were put in place to help workers fight abuses. Having multiple voices together asking for the same thing is far more powerful than the individual. The National Labor Relations Act protects union activities. Your employer cannot retaliate against an effort to organize into a union. This has been a big topic in the media with Starbucks.
6. Family and Medical Leave
Part of your legal rights as a worker is the ability to take unpaid leave for medical and family reasons without losing your job. The Family and Medical Leave Act states that eligible employees can get up to 12 weeks of unpaid leave for specific reasons.
If your loved one requires emergency care then you would be protected if you take time off. Caring for your loved one does not mean you would lose your job. Eligibility is mostly determined on how large your employer’s business is. Smaller employers are not necessarily bound by the act.
7. Whistleblowers
A whistleblower is someone who reports illegal activities within their work environment. This often revolves around fraud or safety violations. Whistleblower’s laws specifically protect these people from retaliation.
Sharon Watkins caused a scandal in 2001 when she uncovered fraudulent accounting practices at Enron Corporation. If this applies to you, seek legal advice before whistleblowing to make sure you’re protected and you can report with anonymity.
8. Unemployment Benefits
You’ve been laid off but didn’t do anything wrong. In no fault layoff means you have the right to unemployment benefits. But beware that there are strict deadlines and documentation required. Most denials are because of incomplete applications. Your state is going to have very specific guidelines that you need to follow to improve your chances of approval.
9. Contracts
Employment contracts can be full of confusing things like non compete clauses or severance agreements. If your employer wants you to sign a contract before you begin working, consider reviewing the contract with a legal advisor. Jumping right into a role with restrictive terms is not in your best interests. An employment lawyer can help you negotiate adjustments and safeguard your future.
10. Retaliation and Wrongful Termination
Retaliation and wrongful termination are big problems. If you’re demoted or dismissed because of reporting workplace violations your rights have just been violated. You requested unpaid wages and got fired. You might have grounds for a wrongful termination lawsuit. As always, keep thorough records of any incidents in communications so that you can present a strong case.
Being proactive is your best protection. If you’re facing disputes or even the potential for a violation of your rights seek legal expertise. You should be well prepared to protect your rights as a worker. Protecting your rights isn’t about you knowing the law, it’s about you staying informed, documenting, and getting the support you need.
