Top Reasons to Sue Your Employer

You can sue your employer unfair treatment or discrimination by your employer. Organizations must know and abide by these laws, and it is equally vital for workers to exercise these liberties.

Workers may have sufficient grounds to file lawsuits when employers violate these privileges. Moreover, the U.S. Equal Employment Opportunity Commission (EEOC) filed 50% more lawsuits from 2022 to 2023.

The process for filing a discrimination claim against or suing an employer is long. It takes about 180 days for the EEOC to investigate a claim. Then, plaintiffs have 90 days to file a lawsuit.

Do you have a case against your employer? Start to plan your legal journey with the details below!

Wrongful Termination

Employment may end at any time in an at-will employment state. Regardless, there are still ways an employer may illegally terminate an employee. For example, an employee can have a valid lawsuit to file if they lose their job under one or more of these circumstances:

  • Fired for poor performance without proof.
  • Laid off when there was a verbal or written contract in place.
  • Furloughed directly after filing a complaint or cooperating with an investigation against co-workers.
  • Let go without supervisors following company policy.

An employee must have compelling proof to pursue a wrongful termination case. Evidence of this may include an employee contract, an employment contract, or a verbal promise.

Deducting Pay

The Wages and the Fair Labor Standards Act (FLSA) protects employees from unfair pay deductions. Furthermore, it sets standards for overtime pay, youth employment, and recordkeeping. Therefore, a pay deduction without reason or warning can be grounds to sue your employer.

Federal legislation requires most employees to receive at least minimum wage, which is $7.25 per hour. Workers must receive wages when they’re present at the workplace and officially on duty. Additionally, working overtime should pay at least time-and-a-half.

Employers must keep accurate records of the hours employees work and the pay they’re issued. A poster that outlines the legislation in the FLSA must have a prominent place in the workplace.

Do you feel you have been a victim of a wrongful pay deduction? Then, hire an employment law expert to evaluate your case and take legal action.

Retaliation

It is illegal for an employer to retaliate against an employee for filing a claim or pursuing legal action. For instance, your boss may have implemented excessive schedule changes or added unrealistic job duties. They may use these actions to demote or fire you without justification.

Personal Injuries

In most cases, employees who suffer a personal injury while working may pursue legal compensation. You can claim your employer owes medical bills and time off through their worker’s compensation insurance policy. You may need to sue your employer if one of the following applies:

  • Your employer mismanages the worker’s compensation claim
  • Your employer does not carry adequate insurance
  • The policy does not provide enough financial assistance

Proving your employer has not done enough or was incompetent will require several critical pieces of evidence. You may have to provide photos of a workplace hazard or ask co-workers to provide testimonies.

Employee Discrimination

Taking legal action against an employer for workplace discrimination is a substantial decision. You carry the burden of proving you suffered from prejudice that had nothing to do with job performance. Furthermore, you must prove you did your job well and belong to a protected class.

You also must prove the discriminatory action happened because you belong to a protected class. For example, you can pursue a lawsuit for getting singled out for being female.

Sexual and Workplace Harassment

Workplace harassment is a term that applies to many behaviors. It could involve a supervisor who makes offensive remarks or performs inappropriate actions. In most cases, these incidents involve some form of discrimination.

Many people imagine sexual harassment in the workplace as a manager making unwelcome sexual advances. However, there are many actions at all levels of an organization that can qualify. Employees should not feel trapped in a hostile work environment that makes them uncomfortable about stepping up.

Defamation

Defamation can play a critical role in employment law disputes. It happens when someone makes a false statement about another. For example, imagine your employer claims you did something without proof and lowers your pay.

Rude or blunt comments may be uncomfortable, but generally, you do not sue your employer for those remarks. You should have a way to connect what someone said to detrimental effects on your job and wages.

Talk to a Local Lawyer About How to Sue Your Employer Today!

The decision to sue an employer involves consideration of the legal and financial consequences. However, the scales may tip toward a lawsuit when an employer violates your rights. Discrimination, wrongful termination, injuries, and other circumstances can justify a civil complaint.

You can contact our representatives for a referral to legal help 24/7. You can call (866) 345-6784 or complete our quick form to get started!

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