The Law Offices of Fern Trevino offers advice and counseling for employees facing workplace concerns.  The following are typical of issues that we have addressed:

·        How to address an ongoing or difficult work situation with a co-worker or manager
 

·        How to prepare a meeting with Human Resources
 

·        Whether and how to respond to a poor performance review
 

·        Whether and how to report something inappropriate or illegal that has happened at work
 

·        What to do if you believe your rights are being violated                   

Of course, employees often wonder: “What are my rights?”  “Do I have a claim?”  “Are my facts strong enough to go to court?”  “What are the pros and cons of going to court?”  “What is the process of going to court – how long does it take and how much does it cost?” 

Employees need answers to these questions before they can make informed decisions and move forward.  Knowledge of whether a claim exists provides the opportunity to focus energy on a beneficial course of action.

Counseling with an employment lawyer may prove extremely helpful even if it is ultimately determined that an employee does not have facts to support a claim, or that the facts are so weak that it would be a waste of time and effort to take legal action.  We counsel employees on steps for taking action to smooth the path going forward, by, for example, devising an exit strategy, taking precautions to avoid a bad reference, and planning ahead for what to say in job interviews.

Sometimes employees say and/or do things that compromise their job or legal rights, wrongly assuming that they have a valid claim when they do not.  We counsel employees on how to avoid those pitfalls.

Employees often jeopardize their situation by confiding concerns to a Human Resources representative, who, in turn, betrays the confidence of the employee to his or her managers.  Generally, one of the primary functions of a Human Resources official is to protect the company from liability.  Therefore, employees should not assume that an HR official will honor a request for confidentiality.  Of course, some matters should be reported to HR. We provide guidance to employees on when and how to report unlawful and improper acts and other concerns.

Some employees feel they are not ready to pursue a claim against the employer even though they have facts to support a claim.  It is not uncommon for employees, especially strong performers, to assume that if they just work a little harder, the workplace situation will improve or the problem will resolve.  Employees who delay may discover that their claims, though supported by strong facts, are no longer viable because the time limit for filing the claim has passed.

With legal advice and counseling by an experienced employment lawyer, employees can be proactive in learning about and protecting their rights in the workplace, in case their problems at work do not resolve.