A workplace dispute can put your personal and professional life at risk. If the allegations against you are unfair, you may know that something went wrong, but you may not know whether there was a violation or what evidence you need to prove it.
You do not need to answer those questions before speaking with an attorney. That is part of an attorney’s job. However, preparing for your employment lawyer workplace dispute meeting can help your lawyer understand the situation and identify the issues that deserve closer review.
Gather the records you already have. Write down what happened while the details are fresh. Then bring your questions to a meeting with us.
Smithey Law Group LLC is a highly respected employment law firm that is a thought leader in the legal community. We answer complex employment and labor law questions from employees and employers in Maryland while providing guidance to the broader public. We can give you answers, too.
Start with the Basics of Workplace Dispute Laws
Employment disputes can involve several different areas of law. The rules that apply depend on:
- What happened,
- The size and nature of your workplace, and
- Other relevant facts.
With this information, we can help you understand which laws apply to your specific situation.
Anti-Discrimination and Anti-Retaliation Laws
Federal and state laws prohibit covered employers from taking adverse action against employees based on characteristics such as:
- Race,
- Color,
- Religion,
- National origin,
- Sex,
- Pregnancy and related conditions,
- Sexual orientation,
- Marital status,
- Gender identity,
- Age for workers 40 and older,
- Disability, and
- Genetic information.
These protected characteristics can vary from jurisdiction to jurisdiction, but they also overlap in many ways. Our Maryland employment lawyer can guide you on which laws best fit your claim or defense and which legal strategies may give you the best chance at a favorable outcome.
An adverse and discriminatory action may include:
- Firing,
- Denial of promotion,
- Pay or benefit reduction,
- Refusal to hire,
- Unfavorable work assignment,
- Harassment, or
- Any other negative working condition.
State and federal employment laws may also protect workers against certain forms of retaliation when they participate in a discrimination claim, report workplace violations, or refuse to engage in illegal activities.
Wage Laws
A dispute can also involve wages. Examples may include fights over:
- Unpaid minimum wages,
- Rights to overtime pay,
- Worker misclassification,
- Deductions, or
- Other claimed compensation.
The precise employee and employer rights in wage disputes depend on the jurisdiction and the nature of the work being done. For example, federal minimum wage and state minimum wage can differ substantially—Maryland’s minimum wage is more than twice the federal amount.
Also, some workers and industries are exempt from minimum wage and overtime rules, and the standards for who is exempt may vary by jurisdiction.
Breach of Contract Laws
Some employment disputes arise from contracts rather than, or in addition to, discrimination or wage laws. An employment agreement might address:
- Compensation,
- Commissions,
- Bonuses,
- Benefits,
- Duties,
- Severance,
- Confidentiality, or
- Other terms.
Contract disputes are highly fact-specific. That makes the actual agreement important. Bring the contract and any amendments, offer letters, compensation plans, or related documents to your consultation with your employment lawyer.
What Remedies Could Be Available?
In general, you can resolve an employment dispute through a settlement, an administrative hearing, or a civil trial, with many remedies being available to you. Potential remedies depend on the law violated and the facts, but you may have a right to:
- Compensation for your financial losses,
- Injunctive relief,
- Front and back pay,
- Payment for pain and suffering,
- Benefits,
- Placement into a position,
- Punitive damages, and
- Legal costs.
Your access to these remedies also depends on the strength of your evidence and how well you tell your story. A productive employment lawyer consultation and follow-up meetings can be vital to building the strongest case to prove your claims and maximize your damages.
What Evidence Should You Bring to an Employment Lawyer Workplace Dispute Meeting?
Your attorney needs to understand both sides of the story to determine what can be proved and how to move forward. You can help by gathering relevant evidence before your meeting.
Consider bringing:
- Employment agreements and offer letters. Include amendments, severance agreements, commission plans, bonus agreements, arbitration agreements, and other documents that define your employment relationship.
- Wage records. Bring pay stubs, time records, schedules, tax documents, commission statements, bonus records, and other evidence showing the amount of work done and how much was paid.
- Personnel records. Performance evaluations, disciplinary notices, promotion records, awards, complaints, termination paperwork, and similar records may help establish what happened before and after the dispute.
- Correspondence. Preserve relevant emails, text messages, letters, and other communications since a message sent close to the event may help establish who knew what and when.
- Employer policies. Bring the employee handbook and policies concerning discrimination, harassment, pay, leave, complaints, discipline, accommodations, or other issues connected to your case.
- Witness information. Write down the names of employees, supervisors, customers, or other people who witnessed important events, and note what you believe each person knows.
- Your story. Create a timeline to record important dates, meetings, conversations, complaints, responses, disciplinary actions, job changes, and other events.
- Photos or other relevant evidence. Preserve photographs or other materials that legitimately document what happened.
Do not assume that a document is unimportant merely because it seems unfavorable to you. Your attorney needs an accurate picture to evaluate the strengths and weaknesses of the dispute.
Also, avoid improperly taking confidential or proprietary material that you do not have the right to possess. When in doubt, tell your Maryland employment lawyer that the material exists and ask how to proceed.
Talk to an Employment Attorney Who Can Help
Smithey Law Group LLC is a highly experienced team that focuses exclusively on labor and employment matters. We represent
Maryland employers and employees in many venues, including litigation before state and federal courts and proceedings before employment agencies. We are an award-winning team, and we address each employment lawyer workplace dispute meeting with care.
You deserve skilled guidance. If you have questions about an employment dispute, please reach out to us online or by phone to schedule a consultation.
Legal References Used to Inform This Page
To ensure the accuracy and clarity of this page, we referenced official legal and other resources during the content development process:
- U.S. Equal Employment Opportunity Commission, Know Your Rights: Workplace Discrimination Is Illegal.
- U.S. Equal Employment Opportunity Commission, Remedies for Employment Discrimination.
- U.S. Department of Labor, Whistleblower Protections.
- The People’s Law Library of Maryland, Employment Discrimination.
- The People’s Law Library of Maryland, Wages Laws.
