You believe that your employer has violated labor laws and you want to file an employment case. How do you win an employment case? You can get the best result in your case by understanding which evidence can be used and how to collect it.
Some examples of labor law violations are:
- Harassment in the workplace, whether sexual or other, and creating hostile work environments;
- Discriminating against employees on the basis of their age, race, sexual orientation, or other protected characteristic.
- Refusing to give employees breaks that they are legally entitled to
- Paying overtime workers not enough
- Threatening to retaliate on employees who report labor law violations
#1: Emails displaying labor law violations
Emails are an integral part of most companies’ day to-day operations. Gmail and Outlook offer employees and their supervisors the ability to communicate and schedule meetings. Modern employment cases often include emails as evidence. This is usually because of a labor-law violation.
The most common types of emails used in employment law cases are:
- Supervisors who harass or sexually harass employees by proposing them via email.
- Workplace harassment or discrimination by a coworker or supervisor in an email.
- One supervisor admitted to violating safety standards via email. This included refusing to comply COVID-19 vaccination mandates for workers and failing to adhere to other safety guidelines.
- An audit of communications proving that an employee worked overtime without the knowledge or permission of their supervisor, or didn’t receive the break they were entitled.
- Emails that prove an employer wrongfully terminated an employee or retaliated against them. Emails praising an employee’s work can counter claims that they were fired for poor performance.
- Supervisor threatens employee to file a complaint against labor law violations or take legal action;
- Employees who sent emails indicating that they had reported violations of labor law to Human Resources were ignored.
Email evidence doesn’t have to be limited to the employer or employee who files the suit. Email evidence can also be offered by other witnesses if they are willing to testify on behalf the employee. This is crucial because a supervisor might admit that they violated labor law to another employee but not to the employee who files a case against them. For example, a supervisor could admit to firing an employee in retaliation to filing a workplace harassment claim.
What can I do with employer emails?
It is best to avoid sending emails that contain confidential or proprietary information, such as phone numbers and email addresses, about your organization. – must not be saved or downloaded without the proper legal steps.
Your attorney can help you if you suspect you may have access to emails that could aid your case. Your attorney can issue a letter to your employer requesting retention of incriminating email for your case.
#2: Texts and calls from your employer
Employers who are aware they are violating labor laws often use less formal communication methods, such as text or phone calls, to admit fault and issue illegal orders.
Texts and phone recordings can be very useful evidence. However, California has strict privacy rules. You must get their permission before recording or sharing information with anyone else if you are having a private conversation. If you suspect that your employer might admit to illegal behavior via phone or text, or if your desire to keep existing text messages, it is a good idea to consult your attorney. This rule also applies to messages sent via other private messaging platforms such as Twitter, Facebook Messenger or Microsoft Teams.
#3: Witness statements from other employees
A coworker or supervisor might be willing to testify for you. This could help you get the best possible outcome. Ask your trusted colleagues if they are willing to testify on your behalf. If so, then connect them with your attorney.
#4: A Record Of Formal Complaints
Employees should first file a formal complaint to the Human Resources department of their company about labor law violations. A complaint is a way for the employer to address the problem and gives the employee a paper trail that can be used as evidence in the event the organization fails to take corrective action.
#5: Photo and Video Evidence of Labor Law Violations
Sometimes, evidence of illegal behavior in the workplace is found. A comic strip that makes fun of a protected group or characteristic and taped to the outside a cubicle can be evidence of hostile work environments. Employer-placed notices placed in breakrooms and ordering employees to behave unsafely, avoid discussing wages, work through breaks or otherwise violate labor laws can also be strong evidence.
Video evidence can also prove invaluable in cases where employees believe surveillance video has captured illegal acts. This includes showing employees working during breaks, remaining after hours without pay, and harassing them.
Summarized from an article by Wilshire Law Firm.
