The Tip of the Iceberg

People say it to me all the time. They say, “I know it, but I can’t prove it.” Or, “How are you going to prove it?” How do you prove an employer’s illegal intent to discriminate? How do you prove harassment? How do you find enough evidence of wage-hour violations to win?

In short, I look for the tip of the iceberg. Just like the ice in your glass, most of the ice in an iceberg is below the surface, out of easy view. Evidence of illegal behavior is the same. You don’t have to see much to know there’s a lot more. Discrimination is there in a bad meeting or a stray comment from the boss. Wage-hour violations are there on the face of a paystub or two. Whistleblowers see a few things, knowing there’s much more to find. One story of harassment is often just one instance of repeat behavior. One client can lead to more clients and a class action.

Yes, you can prove violations of the law in the workplace. You just have to know where and how to look. Like scanning the horizon for icebergs.

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