Top 12 Reasons To Sue Your Employer
Brad Nakase, Attorney
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 sue their employer. 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.
12 Most Common Reasons To Sue Your Employer
Here are the top 12 reasons why an employee might sue their employer. It is important to know your employment rights under federal and California employment laws.
- 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.
- 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.
- 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
- Delayed investigation
- Manager or supervisor not following company policy
- 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.
- 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.
- Docking pay
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.
- Personal injury
Workplace injuries can happen in even the safest work environments. Usually, an employee is covered by their workers’ compensation insurance while they recover. However, if an employer mishandles a personal injury, they leave themself open to legal repercussion. Employees have a legal right to a safe workplace and reasonable accommodations if they are on workers’ compensation. If the injury occurs due to the employer’s negligence, they can face legal action.
- 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.
- 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 harassments. It can bring about more serious hostile work environment complaints. Harassment often happens due to an employee of protected status.
- 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 are entitled to seek legal action.
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.
- Violating the law
If your employer asks you to knowingly or unknowingly violate state or federal laws, you may have a case. If you are aware that the action is illegal and that your employer is pressuring you into it, then you may be liable for the illegal behavior. It is illegal for your job security to be based on illegal activity, and you are able to seek whistle-blower protection.
Contact attorney Brad Nakase to Sue Your Employer
If you think you may have a case against your employer, contact attorney Brad Nakase for a free consultation. We will discuss your case and advise on next steps. 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.
Brad Nakase, Attorney
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