For your better understanding of how we approach a case let us use an example of a wage dispute analysis.
Step 1: Verifying Hours Worked
In a wage theft case one of the first things that have to be checked is how many hours a person was working. This entails collection and analyzing of any document that can indicate the number of hours that the employee has spent at work, including the timesheets, time clock among others. It is critical, in determining potential damages, to ensure the accuracy of this data.
Step 2: Reverification of payment documents
When the hours are validated we compare them to payment history documents like pay slips, bank statements, and tax returns to find anomalies. In case the payment doesn’t correspond to the hours worked, the worker may be the victim of wage theft or other violations of the labor laws.
Step 3: , in contacting the local Department of Labor, reviewing records on labor law violations within client facilities, and summarizing cases of labor law violatio
Last of it, if not, it identifies if labor laws were violated, where employees have not been paid for overtime or if they were not provided a break, they were not compensated for. If any of these violations is established, we give you a clear indication of the amount of compensation you can expect which is given by the amount of unpaid wages and any payable penalties.
This approach allows you to learn about the concrete procedure we go through to assess your situation and recognize what we have to do to advance your cause lawfully. We evaluate risks and returns rigorously and make sure that you are well aware of your choices available to you.
Step 4: Pre-Litigation Actions
Despite the threat of litigation as a general feature of many employment disputes, it is usually an option of last resort because of the expenses, time and stress that are involved. At Horowitz & Rubinoff, we know that most people go in search of a solution as quickly and inexpensively as they can. That is why, whenever possible, we prefer to concentrate on pre-suit activities as a way of handling disagreements before they end up in lengthy, and often costly, court trials. It is, however, important to have the best solution that favors you without necessarily proceeding to a court case and for this reason, we use several methods of ADR.
ADR or the Alternative Dispute Resolution Methods
Settlement of a claim out of court is always advantageous because the process is less time consuming and less costly than in court besides the resolutions are in most cases more flexible. Litigation can be something that puts pressure on everyone, so we work to reach a compensation agreement best suited for your specific needs while also maintaining a professional relationship with your employer when appropriate. Our dedicated and competent legal council has many years of expertise in the effective use of negotiation, mediation, and arbitration towards fair realization of this goal. Below, we expand on these key pre-litigation strategies that we regularly pursue:
Negotiation
Arbitration is one of the easiest and more visibly direct means by which a disagreement can be solved without having to go to trial. In this process, we consult with the employer (or the employer’s attorney) to analyze the concerns and find a solution for them. It provides an opportunity for both parties to express their stand, look for opinions which may suit both parties and arrive at a satisfactory solution without going through a trial. Litigation is mostly the most convenient and the most affordable way to resolve conflicts.
In settle matters we work to get the best outcome for you either in regards to compensation owed, reinstatement, back pay, severance benefits or any other worry over conditions of work. Negotiation has the following advantages; it is flexible, secretive and faster than other forms of dispute resolution. Compared to litigation, negotiation is completely different since negotiation process usually does not last for several months on the average, but it lasts for weeks only.
What our attorneys do For our client, attorneys take him/her through the negotiation preparation process where facts are put to tests, strengths of the case identified or established and most importantly, the formulation of a relevant strategy to use. In fact we may provide our responses on issues of concern or counter proposed by the other party. Since most employers are concerned by the ch ances of incurring huge losses, through setting of offers negotiation is an influential means of an amicable resolution out of court. Our team of negotiators will be with you and transparent about our endeavor to fully represent your interests and work towards achieving the desired outcome in the shortest time possible.