October 6, 2025
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Navigating a workplace dispute is daunting.
Millions of employees are faced with workplace harassment, discrimination and wrongful termination every year. And the sad truth is that most people are unaware of what steps to take.
I'm going to give you the real scoop on this process and what's required to get the results you need.
Before we dive into all of this, keep in mind one thing.
Handling these situations is messy. If you do not have a plan of attack, you will make mistakes that will hurt your chances. But if you are armed with the right approach and know-how, it's not as bad as you think.
Workplace conflict is not as uncommon as you might think.
The EEOC's 2024 Annual Report revealed that a total of 88,531 new charges of discrimination were filed with the Commission in fiscal year 2024, a 9% increase from fiscal year 2023.
Those are big numbers.
Retaliation, disability discrimination, race discrimination and sex discrimination were the most frequently filed charges. These types of claims impact workers at every level and across industries.
But the main issue here is that most employees don't know their rights or what to do when a dispute arises.
They suffer in silence. Afraid to rock the boat or lose their job. Many struggle between speaking up for themselves and protecting their livelihood.
Having a game plan for these scenarios matters which is why working with experts like those found at Kingsley Szamet Employment Lawyers is so essential. Working with the right Employment Lawyers from the start can help employees understand their options and protect their rights.
As I said above, the first few steps are crucial.
If you act too slowly or take the wrong approach, it can make or break a case. Unfortunately, most employees wait too long or bungle the early stages. Don't be one of them.
Here's what to do.
Grab the employee handbook and review the policies.
Most employers have a set of procedures in place for filing a complaint. It's important to know these up front so you can follow the proper internal procedures. Following this step also shows that you have made a good faith effort to try to resolve the issue internally before going outside the company.
Why is this important?
There are some legal claims that require you to exhaust your internal remedies first. If you skip that step, it can negatively impact your case down the road.
Put it in writing.
Verbal complaints can be denied, forgotten or lose important details. Written complaints create a paper trail that is evidence the issue was reported. Keep copies of every email, form and letter you send to management or HR.
This documentation will become evidence if things escalate.
Time is of the essence.
Employees may have as little as 180 days to file a workplace complaint with the EEOC. If the deadline is missed, the ability to pursue a legal claim is forever lost.
Don't let time run out.
Not every dispute needs a lawyer.
Certain situations, however, absolutely require professional legal guidance. Employment lawyers specialise in the complex laws protecting workers from mistreatment.
Consider consulting an attorney if:
Employment lawyers can review the facts, explain your legal options, and represent you in negotiations or litigation. Many employment lawyers offer free consultations to assess whether your case has merit.
One thing that most people miss…
The 2024 data shows that nearly $700 million was recovered for victims of workplace discrimination through EEOC enforcement. That money went to employees who took action.
Documentation is the cornerstone of every workplace dispute case.
Employment lawyers will say poor documentation is one of the most common reason cases fail. If you can't prove your case, then you do not have a case. And proving it comes down to records.
Make notes of every incident as it happens.
Include the date, time, location and names of anyone involved or present. Describe what exactly happened in as much detail as possible. Use specific language rather than saying "they were rude." Note the exact words or actions that were inappropriate.
Save every email, text message and voicemail.
Screenshots are great for messages that can be deleted. Forward work emails to a personal account when appropriate. These records are evidence of patterns of behaviour that support your claim.
Coworkers who witnessed or heard incidents can be valuable resources.
Write down their names and contact information. Remember, witnesses may not be willing to get involved so you should document their observations in your personal notes even if they will not make a formal statement.
Keep all documentation in a safe place outside of work.
Use personal devices and accounts so the employer cannot access or delete important evidence. Cloud storage also provides backup in case physical copies are lost.
Filing a formal complaint is a multi-stage process.
Whether working with the EEOC, a state agency or pursuing private litigation, the process follows a similar path that employees should know.
The typical process includes:
Each stage offers opportunities for resolution. Many cases settle before trial. Employment lawyers help you navigate each step and make informed decisions about accepting settlements or going further.
Retaliation is illegal.
Employers cannot punish employees for filing a complaint, participating in an investigation or exercising their legal rights. And yet retaliation remains the most common type of charge filed with the EEOC.
Signs of retaliation include:
If you experience retaliation, document it immediately and report it through the appropriate channels. This creates additional legal claims that can strengthen your overall case.
Navigating workplace disputes requires a strategic approach and documentation.
Millions of Americans face harassment and discrimination at work every year. And the number of discrimination charges filed with the EEOC show that more are speaking up about the mistreatment. With the right steps, employees can protect themselves and hold employers accountable.
The shortlist:
Taking action is scary. But when employees document properly and get legal help, they put themselves in the best position for a good outcome.
The process can work when you know your rights and take the right steps. Start building your documentation today.
Before taking any other action, you should carefully read your employee handbook. Understanding your company's specific policies and procedures for lodging a complaint is a crucial first step. This ensures you follow the correct internal process from the beginning.
A written complaint creates an undeniable paper trail. Unlike verbal conversations, which can be forgotten, misremembered, or denied, a written record serves as concrete evidence that you reported the issue, including when you reported it and what you said. Always keep copies for your records.
You should think about consulting a lawyer if the situation is serious or if your employer is not responding appropriately. Key moments to seek legal advice include facing retaliation after making a complaint, experiencing ongoing discrimination or harassment, or being wrongfully terminated.
Retaliation can take many forms. Common signs include receiving a sudden and unexplained negative performance review, being demoted or having your hours cut, being excluded from important meetings you would normally attend, or being fired shortly after you raised a formal complaint.
Yes, there are very strict deadlines. Depending on the issue, you could have as little as 180 days to file a claim with a body like the EEOC. If you miss this window, you may lose your right to pursue legal action forever, which is why acting promptly is essential.
Navigating a workplace dispute is daunting.
Millions of employees are faced with workplace harassment, discrimination and wrongful termination every year. And the sad truth is that most people are unaware of what steps to take.
I'm going to give you the real scoop on this process and what's required to get the results you need.
Before we dive into all of this, keep in mind one thing.
Handling these situations is messy. If you do not have a plan of attack, you will make mistakes that will hurt your chances. But if you are armed with the right approach and know-how, it's not as bad as you think.
