Posts Tagged ‘ERD’

On many occasions, employees have called me for advice after they have filed a discrimination complaint with Wisconsin’s Department of Workforce Development Equal Rights Division (ERD), or the federal Equal Employment Opportunity Commission (EEOC).

When I review their situations, I find that many of those employees should not, in my opinion, have filed their discrimination complaints.  These employees’ matters are not usually frivolous, and there is usually sound basis to think their employers treated them unfairly.  However, being treated unfairly does not itself make for a good discrimination claim.

This is one of the many important things an employment attorney could tell you before you file a discrimination complaint- that is, if you ask.  There are some other important factors that do-it-yourselfers, given their unfamiliarity with the legal process, are commonly unaware of.

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Many employees file discrimination complaints with Wisconsin’s Equal Rights Division (ERD) without retaining an attorney. If you are an ERD complainant without an attorney, and you just received a “probable cause” determination, you may be wondering “now what?” Or at least you should be. In the time following a probable cause determination, things will get more formal and legalistic. You should get the most information you can about what’s to come.

Below, I’ll discuss what a “probable cause” (PC) determination means, what a “no probable cause” (NPC) determination means, and what each determination may mean for you. Bad news first.

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If you are an employee in Wisconsin and feel you are (or were) being sexually-harassed, you should know the following:

(A) Know how the law defines sexual harassment;

(B) Keep proof (documentation or recordings);

(C) Learn your employer’s policies before complaining or taking action;

(D) Do not act angrily or righteously;

(E) Before complaining, consider the risks of retaliation;

(F) Proactively arrange for Plan B (e.g. a new job, or transfer to different boss); and

(G) Don’t quit because the employer tells you to.

This information is described in more detail below.

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Employees who feel wronged by an employer often want to know whether they may have a legal claim worth pursuing, i.e. “Do I have a case?”   This post will identify common attributes of good employee rights cases.  (Please note this post cannot answer whether it is advisable for you to bring a legal claim for your situation: if you are seeking advice about whether to pursue a legal claim, you should talk to an experienced employment law attorney about your specific circumstances).

Generally speaking, an employee rights case is more promising, and more worthwhile to pursue, when several or all of the following factors are present:

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If you have been underpaid wages, you may want to consider the following.

• Keep copies of your paystubs and pay-related documents.

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