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Are you considering an employee lawsuit against your employer? There are many reasons why an employee may sue their employer, too many in fact, to share in this article. However, these are the most common reasons why an employee might suing employers. Any time an employee’s employment rights have been violated, they are able to sue. This is to protect employees from retaliation, discrimination, and other violations of rights.
Brad Nakase, Attorney
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12 Common Ground for Suing Employer
The top 12 common grounds for employees search for lawyers to sue employers. It is simply the top 12 reasons for employer lawsuit.
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Illegal interview question
All applicants must be treated equally during the interview process. This means they are evaluated on their skills and experience rather than other irrelevant factors. Unfortunately, illegal questions are still common during interviews. Women are often asked about if they have children or plan to have children and people with disabilities will be asked questions about their disability. These situations are discriminatory and illegal. If an applicant believes they were not offered the job because of their disability, gender, or other protected classes, they can sue.
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Unfair discipline/ Retaliation
Rash discipline in the heat of the moment could lead to a lawsuit; also employment retaliation will probably lead to a lawsuit. It is important that all employees are treated equally, and therefore disciplined equally to coworkers in similar situations. Most employers have a company discipline policy to ensure all employees are treated similarly, and supervisors and managers are expected to stick to it. All employees should be familiar with the discipline policy, and all employee discipline should be handled the same way. Learn more about workplace retaliation.
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Wrongful termination
Separations in an employment relationship can happen at any time; however, wrongful termination can still sometimes occur. The reason for termination must not be one that violates federal or state employment laws. Illegal termination includes:
- Poor performance without any negative performance reports or discipline
- Retaliation after filing a complaint
- Lack of a reason for termination
- Discrimination
- Delayed investigation
- Manager or supervisor not following company policy
A wrongful termination is often a reason for suing employer. Learn more about wrongful termination.
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Illegal decisions about medical requests
Employee’s rights to reasonable accommodation and medical leave are protected by FMLA, ADA, and workers’ compensation. You have a right to reasonable medical requests and medical leave, and if those requests are denied, you may be able to sue your employer.
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Unlawful exemption decisions
Being misclassified as an exempt employee means you are missing out on overtime pay. Employers regularly make this mistake, and it can cost them in penalties, back pay, interest, and in some cases, their employees may even bring class-action lawsuits against them. Seek legal advice from an employment attorney as to whether you have been correctly classified. You may learn more about independent contractor vs employee in California.
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Docking pay or Unpaid Wage
There are very few reasons why an employer is allowed to dock pay, and discipline is not one of them. Employers are also not legally allowed to dock employees’ pay so that it falls below minimum wage or overtime laws. Employees also cannot waive their overtime pay or be asked to waive overtime. Nor can employers ask employees to do work off the clock. An employer who violates wage law may receive an employee lawsuit.
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No Rest Break or Lunch Break
California rest break laws, lunch breaks law, and meal break laws requires that employees are given a thirty minute break every five hours worked. In California, a business is not allowed to hire someone without giving them a lunch break every five hours. The terms “meal breaks” and “lunch breaks” are used interchangeably. Learn More about Rest Break and Lunch Break Law. Also, learn more about sue employer for no lunch break.
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Employment Discrimination
Employment law is constantly reviewing and redefining what counts as discrimination. Obvious discrimination, while shocking, is easy to recognize and handle. Subtle discrimination is often more difficult, as while you often feel uneasy, at the time you may not realize that you have been victim to discrimination. To bring a discrimination lawsuit against your employer, you must be able to prove four things. First, that you are part of a legally protected class. Second, that you are able to perform your job well. Third, that you have suffered a negative employment action. Fourth, that the negative employment action is based on your protected class. At Nakase Accident Lawyers & Employment Attorneys, we believe that it is important to sue for discrimination to bring about change. We want everyone in California to have a safe work environment. Learn more about employer discrimination on our site.
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Workplace harassment
Unfortunately, isolated incidents of inappropriate or offensive comments or jokes are not considered harassment by the law. However, constant comments or jokes are workplace harassment. It can bring about more serious hostile work environment complaints. Harassment often happens due to an employee of protected status. Learn more about employee harassment.
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Sexual harassment
Unwelcome sexual attention or advances in the workplace are illegal. If the sexual harassment is from a supervisor, manager, or boss, then the employee also faces negative employment action when they refuse the advances. It is important to first file a complaint with HR or contact a neutral supervisor to give your employer a chance to rectify the situation. If no resolution occurs, you may proceed with an employee lawsuit. Learn more about sexual harassment at work.
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Retaliation
If your boss retaliates against you for exercising your legal rights or helping another person exercise their legal rights, then you can sue your employer. Retaliation includes harassment, demotion, excessive schedule changes, and firing. You will be protected by the law against retaliation, and you can add retaliation to your original claim.
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Working Without Clocking In
Off-the-clock labor work is often unpaid or does not add to overtime pay and is generally illegal. According to the wage and hour law of California, employers should not ask employees to work overtime without pay.1 Unpaid work that is done by employees for their employer, with their knowledge, is defined as off-the-clock work.
Regardless, employers are required by California law to compensate employees for all off-hour work. You can acquire help of a California employment lawyer to get the compensation that you are rightfully entitled to. Learn more about working off the clock.
Contact attorney Brad Nakase for Suing Employer
Employees who are considering a lawsuit against employers are invited to contact attorney Brad Nakase for a free consultation on suing employer. We will discuss your case and advise on next steps for your employer lawsuit. If you plan to sue your employer, you will need a skilled California employment lawyer who knows the laws inside and out. Consult with us today.
Blog: Business | Corporate | Employment Law
