TIL (Today I Learned) is a new category that lets me capture the random sh-…stuff I learn while “living anyway”.
Today’s fun topic is, “You don’t have to hire a lawyer when your employer is screwing you. You can contact the Attorney General’s office and let them handle it.”
This is based on Massachusetts. This is widely considered a blue state, but it has usually had a Republican governor until recently. What we are, is a well-educated state. We tend to vote for smart people. That suits me.
The A. G. has a job to do
From an ordinary American’s point of view, the Attorney General’s Office exists to protect you from bad-faith dealings with those who are in a position to screw you pretty badly: employers and businesses. Not only do they need to follow the law, like we all do, but they need to keep their activities from skating too close to the edge of it.
The A.G.’s job is to provide access to protection from so-called “bad actors”, and to intervene when it’s needed.
In case you wondered.
First, we’ll look at employment law.
The A. G. handles employers who behave badly to employees
If your employer is:
- Stiffing you for pay or benefits you’ve earned,
- Crossing the line on hours required or how you’re supposed to work,
- Failing to provide safety gear for the job, from PPE to jack-lines and harnesses,
- Refuses adaptations(*) for your sight, hearing, movement, or typing problems so that you can do your work – which you’re qualified for and able to do with reasonable accommodations,
- Etc.!
Then…
Start by collecting your evidence – emails, work schedules, time cards, photos or footage, text messages, relevant pages from the company manual, and anything else that helps to tell the story. Get time and date clues in everything, whenever possible.
Write out the problem. (It’s a great idea to write a first draft with all the emotions and bad language first. It’s good to get that out of the way to clear the mind a bit.)
Facts, facts, facts, one after the other. The facts alone will tell your story. A word or two about your essential motivation is good, though – e.g., “Fearing for my safety, I refused to do that task without proper gear” is a useful statement of what informed that decision. Consequences matter. That’s a fact!
If you peel off the emotional impact of what was done to you, it leaves All The Room for the emotional impact of events on the reader. That is a lot more powerful than all the descriptions of feelings ever.
Then, take a look at this page and upload your report when you’re ready
https://www.mass.gov/how-to/file-a-workplace-complaint
They’ll be in touch and either take the case to court or guide you on whatever next steps are most appropriate. They may advise suing and will suggest lawyers who will take the case on contingency – meaning, you give them a 30% cut if you win (even though they do most of the work), or nothing at all if you lose.
(*)A note on adaptations and disability
Thanks to many years of effort by people like you & me, the Americans with Disabilities Act was passed in 1990 (1 year before I became a Registered Nurse) and then, after 18 years of experience, was updated in 2008 (3 years after I became too crippled to work) so that its requirements were clearer and so there were fines and consequences for not following it.
Since disabled people have been one of the last legally and socially acceptable targets of prejudice (especially at work), this legislation was historic indeed.
The current text of the ADA is here:
https://www.ada.gov/law-and-regs/ada/
At the federal level, this law is under attack. Here is the latest:
https://www.cbsnews.com/news/airlines-disabled-passengers-wheelchairs/
This is the most accessible of the articles I found about this.
Those of you who are familiar with wheelchair-riders know just how expensive, valuable, and necessary these things are. Some of you (like me) know people who’ve lost the use of their chairs because of damage by airlines. It’s unthinkable to us, but it happened a lot; was finally addressed; and now that protection is at risk. Call your legislators if you care about this:
If you’ve had a disability – or other right-to-access – issue that seems illegal or seriously wrong, then go to the Civil Rights page of the AGO, where they handle all the issues of social injustice – disability, religion, race, gender, and so on – and follow the procedure:
https://www.mass.gov/how-to/file-a-civil-rights-complaint
Consumer (not employee) complaints
Hot tip: if you’re being screwed over by a business you bought goods or services from, the same approach applies: go to the AGO and funnel your issue into the Consumer Complaint division.
In MA, that journey starts here:
https://www.mass.gov/how-to/file-a-consumer-complaint
It might take a couple of months to get to the top of the pile, but they will open negotiations if you’ve written a clear, factual complaint. (I’m naturally assuming all my readers would only submit legitimate reports of unjust treatment, though most sites will feel compelled to remind you not to submit frivolous complaints. As if we have that kind of time!)
When they call you to start negotiating, be patient and tactful – yet clear. No name-calling the opponent, no matter how much they deserve it. Let the facts speak for themselves. Walk through each step of the process and let it unfold, because the negotiator hasn’t been what you’ve been through and they need to learn what that jerk you’re dealing with is like, for themselves.
I say this only because I have a little trouble with it myself. Pain-brain makes it hard to be detached, but it’s worth the effort.
In short…
The Attorney General’s Office has your back.
If they don’t, we’ve all got a much bigger problem.
