Unfair treatment in the workplace can be easy to brush off at first, like being asked to work through your lunch, chaos making it hard to get your breaks, and being given extra responsibilities that feel temporary. While these situations are sometimes unavoidable, they shouldn’t become a pattern. Being treated unfairly at work – especially when it’s illegal – can make you exhausted and create unnecessary stress in your life.
If you don’t speak up right away, unfair treatment can become your new normal. However, sometimes a situation can’t be fixed if an employer is acting intentionally. For example, some retail employers don’t schedule enough employees to provide rest and unpaid meal breaks. While some employees can legally waive their meal breaks, it has to be voluntary, and there’s a proper procedure that must be followed.
If you feel like you’re being treated unfairly at work, here’s what you need to do immediately.
1. Know all of your options before you act
Before you confront someone directly, you need to know all your options and the consequences that may follow. Not every unfair situation is illegal, but some absolutely are. Knowing the difference determines whether you should attempt to resolve the issue internally or go straight to a lawyer.
Option 1: File a complaint with your local labor board
If you’re not being paid wages you’re owed, you can file a complaint directly with the labor board under the wage and hour division. If your situation involves discrimination, harassment, or retaliation, you can file a complaint with the Equal Employment Opportunity Commission (EEOC).
Option 2: File a lawsuit
If your rights have been violated under state or federal employment laws, you might have a good case for a lawsuit. You’ll need to hire an attorney, but most work on a contingency basis, so you won’t have to pay them a dime until or unless you win a settlement. A lawsuit can cover a variety of unfair situations like discrimination, wrongful termination, and retaliation.
Option 3: File an internal complaint
While your company might have an internal process for filing a complaint, it’s critical to approach this with caution. If you have a valid lawsuit, don’t take any action internally until you speak with a lawyer. You don’t want your employer to start deleting evidence or removing your authorization to access evidence in email accounts or Slack channels.
Keep in mind that your HR department isn’t your friend. HR departments exist to protect the company from liability, and if you’re having problems with the company, that makes you a liability. After filing a report, HR will make decisions in the best interests of the company, and simply filing a report can make your situation worse.
Document everything and gather all your evidence before attempting to have a conversation with anyone from your company.
2. Know what counts as unfair treatment
Not all unfair treatment is legally actionable. You can discern the difference by separating general workplace frustration from patterns of unlawful or unfair behavior. The most obvious example is discrimination based on protected classes. The law does not allow employers to discriminate against workers on the basis of race, gender, religion, disability, or other protected traits.
If others in a similar role are receiving higher pay or a different workload, that’s a red flag. However, sometimes unequal pay and responsibilities come down to experience and skill, even within the same role.
If you’re constantly being passed over for promotions while less qualified workers advance, that could be a sign of favoritism. Another sign of legally enforceable discrimination is if you raise concerns and suddenly get your hours cut or written up for small mistakes that used to be ignored. And if you aren’t sure if your experience counts, contact an employment attorney for clarity.
3. Protect yourself in real time
As long as you’re still employed, it’s critical to manage how you behave. Stay professional in every interaction, no matter how frustrated you get. Keep your communications calm and factual. If you reported your concerns internally, follow up with a summary email after every meeting or verbal conversation to create a record of what was said. Most importantly, don’t vent to your coworkers. Keep your concerns to yourself to prevent escalation and protect your credibility.
Keep your cool and contact an attorney
Being treated unfairly at work is a stressful experience, but you don’t have to accept it as normal. Get a free consultation with an attorney to find out if you should take legal action. And if you don’t have a case, remove yourself from the situation by looking for another job.
