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homeis
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a month ago
Unfair treatment at work-place??  Here is guide to help you out| by homeis

Unfair treatment at work-place?? Here is guide to help you out| by homeis

We all know that if we are facing any issue at work environment, we can always reach out to the Human Resource department for consultation or discuss the issue and find a solution for it. We all know, as employees, we do have many rights and privileges. If you are an Immigrant and working in the USA, do you know that apart from your organization there is a labour department where you can go and file a complaint against your employer. 

Before filing an official complaint try to speak to someone in person who is superior to you. Your Manager or someone in HR. See if you can resolve the problem. It may have simply been an oversight that can be easily corrected. Don't go into detail about the issue with anyone until you know you're speaking with someone who has the power to do something about it. This will help to keep the issue away from creating unnecessary gossip. 


Document all communication- 


We know you want to handle this situation with a low profile but it's better to keep all the communication documentented. This will be very helpful if you have to file a complaint with the labour department in case the issue doesn’t get solved internally. The easiest way to do this is with an email to the person with whom you originally spoke. Keep your tone friendly and collegial, conveying the attitude that you're just checking in and confirming that the mistake was corrected.


Send a formal complaint letter-


Type your letter using a standard business-letter template. Describe any conversations you had with managers or supervisors, mentioning them by name and job title. If your employer agrees to look into the situation, keep in close contact with whoever is in charge of the investigation. Ask who you can contact for status updates and to make sure something is being done.


Confirm your employer is covered under federal law- 


Before filing a complaint make sure your employer comes under federal law. Federal laws apply generally to all companies engaged in interstate commerce, as well as those that employee more than a set minimum number of people. The minimum number of employees required varies depending on the law. You can visit the DOL's (Department of labour) website for more information on this. 

In case, Keep in mind that even if your employer isn't covered by federal law, there may be a state law that applies. Many state labor laws have essentially the same requirements as the federal law but applies to all employers within the state. Some states have even more stringent protection for workers than what is provided under federal law.


While filing the complaint -

You can visit the website of DOL, you call them or meet with representative in person as well just take the appointment in advance, try to explain you case on call and file online form, which will ask you details and your employers details for this. There is also an option to maintain the privacy of yours. 


Follow up on your complaint -

 Right after your official complaint is evaluated the Wage and Hour Division (WHD) agent may want to review the documents you've gathered or any evidence you have of the problem, including your pay stubs or communication you had with your supervisors or managers regarding the particular issue. If the WHD finds that you were unfairly denied wages or overtime compensation in violation of federal law, it may supervise payment of that money to you. The WHD may also seek penalties against your employer for violation of the law, up to and including the filing of criminal charges in some cases. The DOL may also file a civil lawsuit on your behalf. Even if it doesn't, you always have the right to file a private lawsuit.

Although you don't have to wait to see if the DOL intends to file a lawsuit before you go forward with one of your own, it may be in your best interests financially to wait for the results of the DOL's investigation before moving forward.

If you are an International student and just started working, you should know your rights about wages, if you have any issue reach out to your organization first, in case you are working with a small organization which does not have a Human Resource department you don't have to worry about it , in such case have conversation with your employer first, still if you need further help contact your DSO (Designated School Official). 

Having a conversation with them is highly advisable. Keep an email conversation with them. Contact the labour department. You also have the option to reach out to the state department. Remember, no matter your Visa status, you do have some rights as an international student. There is no need for hesitation for anything. Visit the USCIS website, they have all the forms available for such issues. 

Follow this links for more information 

https://www.dol.gov/agencies/whd/contact/complaints

You may also call or visit the local office near you or send an e-mail.

Fact Sheet 44.

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Raj
The truth is make sure that you have $$$ savings and/ or other job lined up in case they fire you. While is a real possibility. So, in real world, HR usually takes boss side unless there is gross negligence or big evidence. So be clear to what can of worms will fly your way to be ready.
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Jay
I don't think the HR even reads your email. Its just a glitch that companies use to protect them from legal liabilities in racism and discrimination matters. Otherwise the discrimination is there and its a true fact. Everybody whispers about it during happy hour but nobody talks about it during work hours. CAUTION- Proceed with your complaint only if you have good understanding with your supervisor or manager ( by good I mean really good like best friend). Otherwise don't waste your time on that email and get fired because your email will be forwarded to your manager then to your supervisor and then an answer with a detailed report will be asked from you, your answer goes to supervisor then to manager and then to HR. But before it goes to HR it has to be approved by your manager. And if your answer contains anything that might raise questions on the management, you'll be fired based on any baseless little unknown thing 2 yrs ago that you are not even sure if you ever committed it. Could be late to work, could be speeding in the parking lot, could be leaving early, could be anything like drinking coke not pepsi..
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Lubana
My boss. Fire me but he not pay me what i can doo
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Roop
Ask yourself why he/she fired you for. And next time improve yourself, so no one fires you, instead gives you a raise.
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Lubana

Roop phaji dunia bahut phenchod aa

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Roop

Lubana i hear you. Life is hard.

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Lubana

Roop i apply tommaarrow labar court case

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Roop

Lubana make sure you have a chance. If kuntucky is a "at will" state. Then you have no chance. I would advise you to move on. Check the law in your state.

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