On the whole, we’re thankful to have a job, even if we don’t particularly like it, and suing our employers isn’t something we’d do lightly. However, there are times when employees are left with only two options: sue the company or walk away from a situation in which they could easily win a court battle. Which would you do? Before you answer that question, let’s look at the top 5 reasons why employment lawyers like HKM Employment Attorneys get called on when you want to sue your employer.
1. Unfair Treatment
Nobody loves a snowflake, but there are some types of unfair treatment that are truly deserving of litigation. As an employee, it’s your right to be treated with respect and to feel safe in the workplace. If workplace bullying is not addressed properly, if you’ve been fired unfairly, or if you’re being discriminated against, it’s quite possible that you have grounds to take your employer to court. It’s not just a matter of making them pay for the distress you experienced, it’s simply a matter of justice.
2. You’re Discriminated Against or Dismissed Because of a Workplace Injury or Whistleblowing
The law protects your rights, and if your employer is violating them, you can sue. For example, if you filed for workers’ compensation following an accident, your employer may not disadvantage you for no other reason than that you’re injured or ill. They certainly can’t fire you outright. Or, perhaps you detected illegal activities taking place at work and reported them to the authorities. It’s the right thing to do, and any form of retaliation against you for whistleblowing is prohibited.
3. Lack of Action Against Harassment
You were sexually or verbally harassed at work. There is evidence. You tried approaching management, but they didn’t take any form of concrete action. Would a court of law be interested in your evidence and act on your behalf? It’s quite possible. However, before you quit your job or approach a lawyer, it might be wise to ask why there’s been no progress with your complaint.
4. Breach of Contract or Employment Law
When you signed your contract, you were promised X. What you received was something far less favourable. A contract is a binding agreement, so if your employer doesn’t live up to it, you’re entitled to object, and if the problem isn’t rectified, to sue. It’s also worth noting that a contract cannot contain clauses that contradict state or federal law. Know your rights, insist on them, and if all else fails, let a judge decide!
5. You Were Badly Treated Because You Went to the EEOC
It’s a free country, and as such you have the right to a workplace that’s free from discrimination. You tried to deal with the matter inside the company first. When that didn’t work, you laid a complaint at The Equal Employment Opportunity Commission (EEOC.) Now, you’ve been treated badly because you stood up for your rights. You may even have lost your job. Should you just roll with the punches? Probably not!
Local Employment Law Matters
In a relationship between an employer and employee, the latter may often feel that they’re at a disadvantage. After all, an employer can hire someone else to do your job, but you’re dependent on your salary in order to pay the bills. In some countries, the laws protecting employees are far more stringent than they are in the US, but that doesn’t mean that US employers can do as they please without fear of falling afoul of the law. If you think you have grounds for taking legal action and want to sue your employer, consult a lawyer to find out where you stand in relation to the laws applicable in your country or state.