So many clients or potential clients have come to see me or discussed their problems with me on the phone. Invariably, the pattern goes like this: They are so scared about their job and nervous about seeing me. Many are so frightened that I will tell them they do not have a case or that the law does not protect them. So, they often focus on the wrong things. They cannot tell me what I most need to know. Often, they recall specific incidents, what I refer to as evidence, only when they drive home. They then call me later and tell me more. But, their recollection may come after I have already told them they have no case.
I sympathize. I know what it is like to be afraid for your job future and believe, rightly or wrongly, that you lack control. It is frightening.
Many times, I have to tell a potential client that they do not have a claim, or their potential claim is very weak. Bad news does occur. But, for the rest of the potential clients out there, just remember that what what a lawyer most needs to hear is why you believe you have a claim. Why you believe you are upset. As with a doctor, history is everything. Most, the overwhelming majority of abused, harassed workers are rational and have reached their conclusions based on pretty decent evidence. You need to explain why you believe certain actions are discriminatory.
Many times, an employee tells me that they were treated unfairly in being disciplined for an objective, seemingly valid offense. It is only when I press them that they explain well, Joe Schmo has committed the same offense and never been written up. And, by the way, no one else has ever been written up for this offense. Now, that is evidence that we can use.