6 steps to take in a hostile work environment

Misconduct in the workplace can take many forms, including harassment or discrimination based on gender, disability, age, race, religion, ancestry, or national origin. There are laws and regulations to help protect employees, but it's not always easy to navigate what to do if you feel that this is taking place. Sedey Harper Westhoff, P.C., which specializes in employment law, offers six steps to take if you think you think you are being wronged at work.

1. Document problems at work. Record the date, time, place, people involved, and what transpired (who, what, when, where). Do so contemporaneously with the incidents that are harassing or offensive. Try to write down what is actually said verbatim by the harasser, particularly the offensive comments. Keep your documentation at home, and keep it confidential; do not show it to anyone other than your attorney.

2. Make complaints to HR in writing, preferably by email. Provide the pertinent information (date, time, place, people involved, statements made or actions taken). Keep your emails short and direct. Print a copy of the sent email, and take it home to safeguard it. Remember that HR is not necessarily your friend or advocate; they are supposed to enforce the employer’s policies, but keep in mind that they are management for the employer and will seek to protect the employer’s interests in any dispute.

3. Do not forward emails from your work email account to your personal account. It is likely that your employer has a policy that prevents you from doing so. If you wish to retain records showing that your job performance was satisfactory (e.g., performance evaluations) or documents relating to the incidents leading to your complaints, then make a copy, take it home, keep it strictly confidential, and show it only to your attorney. 

4. Consult policies in place at your workplace regarding harassment and discrimination. Do so if you start to experience offensive conduct from a co-worker, and keep a copy of all such policies.

5. Keep copies of all forms of communication. Maintain all text messages, social media messages, and other electronic communications with co-workers relating to your work, job performance, or the harassment or discrimination you are experiencing. Preserve your phone and all data on it relating to your work and the harassment or discrimination. Remember that all text messages or electronic messages you send may be discoverable in a lawsuit if you end up in court against your employer. Be mindful about what you put in writing over the internet or through your phone.

6. Do not hesitate to contact an experienced employment attorney. When you start having problems at work, you can reach out to a lawyer to help guide you through what to do next. An experienced attorney can help you navigate the issue and deal with HR, answering any questions about what your rights are as an employee.

One thing to keep in mind as you are gathering the facts of your case is that if you are recording conversations, there are specific laws by state that constitute what can and cannot be taped without consent. Missouri is a one-party consent state for recording conversations: One party to the conversation must consent, which can be the employee only so that others on the call or in the meeting do not know they are being recorded; however, you must be sure that all of the participants to the conversation, call, or meeting are located in Missouri, so as to not run afoul of other state’s recording laws.

There are a lot of situations you might not be aware of that are unlawful in the workplace, including intimidation, harassment, or offensive instances that are not always black and white. It's best to consult with a professional about what you may be experiencing, and law firms such as Sedey Harper Westhoff are great resources.

The choice of a lawyer is an important decision and should not be based solely upon advertisements. Past results afford no guarantee of future results, and every case is different and must be judged on its own merits.

This post was created by SLM Partner Studio on behalf of Sedey Harper Westhoff, P.C. To learn more, visit sedeyharper.com.