Dear Reader,
I hate that you have clicked to read this article because if you’re reading this article it is likely the result of something harmful and upsetting and horrible that has occurred at work. For that, I offer my sincerest sympathy. Being subjected to unethical behaviors and abuses of power can be intimidating, confusing, and unsettling – especially when it occurs in the workplace. Knowing how to respond effectively in these situations can help safeguard your well-being, protect your rights, and defend your professional future. Let’s get into some practical, thoughtful steps you can take if you believe you have experienced a workplace violation.
1. Prioritize Your Immediate Safety and Well-Being
First and foremost, get to safety. The biggest priority after you have experienced a workplace violation is for your nervous system to feel safe, stable, and (at least somewhat) regulated. This is a necessary step for you to move out of a state of shock, return to yourself, and recognize that you have survived the verbal, physical, or sexual harm that occurred at work. Before, and concurrently while, addressing the issue, it’s important to take care of your mental and physical health through rest, hobbies, and therapy. This will help you avoid engaging in reactive retaliatory conduct, especially if the environment remains hostile and/or unsafe, and help you decide if staying in the organization is in your best interest.
2. Document the Incident(s)
After you are safe and have been able to regulate your nervous system in the immediate aftermath of the workplace violation, it is absolutely crucial to document the incident(s) that occurred.
It is normal to feel confused about what happened. There is no need to clearly identify or name what occurred at this stage. Focus on documenting what happened as you remember it. Documentation strengthens your credibility and is often essential if you decide to file a complaint.
To document what occurred, start a work journal, an on-going work notes document, text stream with yourself, or, record (video or audio only) yourself. Describe what occurred, where it occurred, when it occurred, and who was involved. Write down different things that were said and use quotes when recalling direct exact wording. Try to capture any emails, text messages, contact information, and any other evidence that may be relevant. Even if you do not have access to all of the evidence, it can become incredibly helpful if you – early on – create a list of evidence that may exist but is not yet in your possession. You may also take note of any potential witnesses – people who may have heard or seen something fishy.
Anytime you experience harassment, discrimination, or retaliation in the workplace return to your notes and document the incident.
3. Recognize and Name the Violation
Once you are safe and have had time to document the incident, you may begin replaying and processing the incident. When you reach this stage it is time to name the violation. Many people may hesitate to label inappropriate workplace conduct as a “violation.” This often occurs because workplaces frequently normalize bad conduct, protect the inappropriate worker, and ignore the subtle aggressions of people with predatory characteristics. As a result, people who experience a workplace violation are conditioned to “take it on the chin.”
When you are ready, your brain and your body will naturally begin to recognize and name the violation. Trust your instincts. If something feels wrong, inappropriate, or unconscionably unfair, it deserves attention – especially when the people you work with try to minimize it. For more information and examples about different types of workplace violations, please visit: https://manifestjustice.law/employment-law/
4. Review Workplace Policies
Now that you have recognized the incident(s) as a workplace violation, and you have named the type of violation that you believe occurred, it is important to review the policies of your workplace. Take note of what your employer says about the standards they require in their workplace, and apply that information to what has occurred to you. Do the two align?
Most companies have policies addressing workplace conduct, harassment, or ethics. These are often found in employee handbooks or internal portals. Be sure to review the anti-retaliation policies. Understanding the organization’s policies and procedures will help you decide your next steps, determine if a policy has been breached, and ensure you follow the appropriate process if you choose to report the violation internally.
5. Understand Your Rights
After w recognizing and naming the violation, you can begin researching and learning about your rights. Understanding and reviewing your workplace’s policies and procedures is part of this process. However, there are likely federal, state, and local laws available to provide additional protection to you depending on the nature of the workplace violation. There are anti-discrimination laws to protect against unequal treatment; labor laws to ensure fair pay and safe working conditions; retaliation laws guard whistleblowers; and much more.
Even if you are unsure about hiring an attorney or pursuing potential litigation, knowing your rights can empower you to take appropriate protective action. If you want to learn more about your rights surrounding a specific matter, consulting an employment attorney or a worker’ rights organization is the best route.
6. Make a Plan Prioritizing Your Professional and Emotional Health
Now that you have gathered information about your rights and had time to process the incident(s) that occurred at work, it is time to weigh your options and make a plan.
Experiencing a workplace violation can take a massive toll on one’s mental health and professional health. Making the decision to leave your workplace and re-enter the job application process may feel too daunting while also continuing to process and recover from the violation. Sometimes staying in the organization is in your best interest. Oftentimes, it is not.
As you continue to return to work while weighing your options, it is important to have a plan in place. What do you need to feel safe at work in the immediate and longer-term future? Who do you trust? Who is your safety contact? How will you respond if the violation occurs again? When and how will you be able to identify when it is time to leave the workplace? Where are the exits? What outcome do you want? Be sure to create a plan that takes your needs – at all stages – into consideration. When you need a determining factor or tie-breaker, lean in favor of prioritizing what your future self and your future career need the most.
7. Consider Reporting the Incident(s)
Upon reflection and research, you may choose to report the violation through formal or informal internal channels. This means, you may decide to tell a supervisor or a manager, alert Human Resources, or, if available, utilize an anonymous reporting system. When the violation involves your direct supervisor or HR is unresponsive, you may need to report the incident(s) to someone higher up in the company or consult an attorney before moving forward.
If you decide to report the incident internally to someone at your workplace, I have a few tips. First, make your report in writing. Send an email, text, chat message, or calendar invite to create a record that the meeting/reporting occurred. Second, stick to the facts. Try to be on alert for moments where you are relying on an assumption, and minimize those moments in your report. Finally, third, know what outcome or resolution you are seeking before reporting the violation, and clearly state the outcome or resolution you are seeking while reporting the violation.
8. Document Everything
You should expect retaliation and/or continued disruptive behavior when returning to work after a workplace violation has occurred. Expect retaliation. Expect isolation. Expect shunning. Expect the problem to continue, not to magically resolve itself, even if the problem seems to have dissipated in the following days, weeks, or months.
When this happens, you must document the additional occurrences. Return to the work journal, notes app, or recordings, and continue to make current entries about your experiences at work. Document anything funky that happens, and be sure to include details. While documenting, don’t shy away from discussing the impact these occurrences have on your mental and physical well-being, on your professional and personal relationships, and on your performance at work.
Even though the process of documenting can feel burdensome, it is important to document what is happening in the moment. Brains have a funny way of storing, and suppressing, difficult memories as a way to cope with trauma and negativity. Develop a process of getting off work and decompressing by leaving yourself voicemails or text messages about your day. In time, once you acquire a process for documenting your workplace experiences, it will likely begin to feel cathartic.
9. Engage Support System
At this point, it is time to fall into your support system, if you haven’t already. We release shame and return it to the wrongdoer when we share our stories with trusted individuals who believe and support us. What happened to you – and how your workplace decided to strategically respond – is not your fault. Although opening up to and being vulnerable with others may feel scary after experiencing a workplace violation, it is important to surround yourself with people who value you, love you, and will help uplift you as you navigate your way through the workplace situation.
If you are someone who does not have a support system (outside of work), then this is an opportunity to take pause and evaluate what you are looking for in a community or social support system. What kinds of people do you want to have in your life? How big or small is your ideal support system? Which role will each person play? How will they show up for you and you for them? A great way to begin building a support system is to think about what your community needs and how you may be of service. Another way you can find your people is by finding a way to do your favorite hobbies in a public setting through groups, events, etc.
At all times, remember this: you are your own best expert. Use this time and turbulence to take stock of what is working in your life, and what isn’t; of what feels good, and what doesn’t. Slowly and intentionally respond accordingly.
10. Contact Attorney
If you have taken the time to thoroughly review, research, and process your options, and you have reported the violation to the company, and the issue still hasn’t been appropriately or adequately addressed, it is time to contact an attorney. This may feel like a big step, but consulting with a plaintiff-side employment attorney is one of the best ways to ensure you are taking care of, prioritizing, and protecting yourself after experiencing a workplace violation. Most employment attorneys offer complimentary consultation services. So, take the professionals up on their offer and speak to an attorney. Even if you do not hire the attorney, or decide to pursue litigation, it is crucial that you empower yourself by understanding the severity of your workplace issue (or lack thereof), and that you make decisions about your next steps with that understanding in hand. Worst case scenario, you will learn that what you have experienced is upsetting but does not rise to the level of a legal violation. Best case scenario, you will start feeling hopeful that change is possible and begin opening new doors for yourself.
Either way, I wish you the best and I hope this article helps you decide what to do next.
If you would like to consult with me directly about your legal matter, please contact the Manifest Justice Law Corporation: https://manifestjustice.law/contact/
For additional insights and educational content about workplace violations and employment law, please visit the Manifest Justice podcast: https://www.youtube.com/@manifestjustice
Signed,
Carlie Jones, Esq.
Founder of Manifest Justice Law Corporation