How to Bring a Case

February 6, 2021
by
GreggU
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How to Bring a Case

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In a few situations, employment laws are enforced by government agencies at their own initiative, such as when OSHA elects to inspect a workplace based on the occurrence of a serious accident. However, as a general rule, both the courts and government agencies rely on employees to come forward with complaints before enforcement actions are undertaken. Thus, the decision of an employee to challenge some action of her employer is a key part of the enforcement process.

Although there are undoubtedly some frivolous claims brought against employers, it is a mistake to assume that most employee complaints are baseless and rooted in opportunism. Contesting one’s employer in the legal system is an expensive, protracted, uncertain, and emotionally draining process. Most likely, the cases that ar...

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