Top 12 Reasons To Sue Your Employer

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.

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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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

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At Will Employment

At will employment means that the employer or the worker may end the employment relationship at any time. When an employment is at will, the employer can terminate employees for no reason.

Can You Get Fired for Looking for Another Job?

Firing an employee for looking for another job is legal under California Labor Code § 2922. Employees in California are employed on an “at-will” which means the employee or employer can terminate the working relationship at any time for any reason.

Can an employee be terminated while on medical leave?

It depends on the reason the employee is on medical leave. Under the FMLA, an employee cannot be terminated simply because they take leave. An employee is free to take medical leave without fear of losing their job. However, if there is a reason unrelated to the medical leave, an employer does have the right to terminate an employee.

Can Slack Admins Read DMs?

Yes. Slack admin and employer can read every DMs, private channels, private messages sent between team members. Employers on either Slack's free tier or paid tier need to submit a request to Slack before they can access your private chats.

Four Hour Minimum Pay

Yes - under California employment law, when an employee is scheduled to work an eight-hour shift, and the work is canceled, the employer must pay a minimum of four hours.

How far back do PAGA claims go?

A PAGA claim is generally one year from the date of the last employment law violation on which the PAGA claim is based.

FICA Withholding: What is FICA tax on my paycheck?

What is FICA tax on my paycheck? FICA is a federal wage tax. FICA taxes requires withholding from an employee’s gross earnings: 6.2% for social security and 1.45% for Medicare. The employer matches these percentages for a total of 15.3%.

Why Does EDD Do a Benefit Audit?

The EDD conducts benefit audits to help pay Unemployment Insurance benefits to only eligible claimants only, prevents fraud in the UI program, and helps companies control UI costs. The EDD’s responsibility is to collect payroll taxes and conduct payroll audits of businesses.

What Does PAGA Mean in a Lawsuit?

The word PAGA is an acronym for the Private Attorney General Act, which is the Labor Code that authorizes employees to file a lawsuit to recover civil penalties for themselves and other employees. PAGA confers a private right of action to individuals to prosecute under PAGA and incentivizes the employee to keep 25% of collected civil penalties.

What does an employment lawyer do?

An employment lawyer help employers and employees understand their respective rights and obligations, such as wages, wrongful termination, overtime, PTO, disability, discrimination, harassment, etc.

Can my employer call my doctor?

Generally, yes, your employer can call your doctor; however, the questions your employer ask is limited and protected by HIPAA Privacy Law. Your employer has the right to contact your doctor to verify the authenticity of a doctor’s note but cannot ask about your medical condition or diagnosis.

Can I Be Fired for Work Restrictions?

State and federal laws protect employees from employers firing employees because of work restrictions. If you’re fired at work, please get in touch with our employment attorney for a free consultation on work restrictions ignored by the employer.

What Qualifies as an EEOC Complaint?

The EEOC is a federal agency that investigates workplace discrimination and harassment based on race, gender, ethnicity, national origin, age, religion, medical status, and disability. There are time limits for filing a complaint with the EEOC.

EEOC Complaint Process

Before filing an EEOC complaint, employees should understand the entire EEOC complaint process. This article answers many Frequently Asked Questions on the EEOC complaint process.

Do guys get paid paternity leave?

A father is eligible for paternity leave if three conditions are met: 1) welcome a new child within the first twelve months; 2) Paid into the State Disability Insurance; 3) Has not taken more than eight weeks of paternity leave in the past twelve months.

California PTO Payout Law

California law declares vacation time to be earned wages, and vacation time is accumulated as work is performed. So, an employee who has the right to ten days of vacation per year will after six months of work earn five days of vacation time.

Suing For Unpaid Wages California

It is totally unfair for an employee to work and not get paid; employees have bills and rent to pay. Employees suing for unpaid wages in California can get help from an employment attorney.

How Much Does It Cost To Hire a Lawyer To Sue My Employer?

People often ask me how much does an employment lawyer cost? Employees generally have claims against the employer, and an employment lawyer typically works on a contingent fee - meaning there is no fee unless the lawyer wins the employee's case.

Employee Management

Employee management is the process of aid employees to do their best work daily to achieve the company’s goal. Employee management helps improve employee satisfaction and productivity to help a company achieve its overall goals.

Is It Legal To Pay Employees Cash Under the Table?

Paying employees in cash is not illegal but frequently employers do not comply with employment laws concerning paying in cash. Employees' lawsuit against the employer for paying in cash has resulted in settlements averaging $100,000.

What is a demand letter?

A demand letter is a letter that is commonly written by a lawyer on behalf of a client setting forth facts supporting a demand for money. A demand letter is usually the first step in resolving a dispute between two opposing parties.

EEOC Discrimination

Learn about the various types of EEOC-prohibited discrimination. The EEOC protects employees from discrimination based on gender, race, ethnicity, gender, religion, national origin, age, disability, etc.

Standard PTO Policy for Small Business

A standard PTO for small businesses depends on the years an employee worked for the company. On average, the standard PTO for one to five years is ten days and six to ten years averages fifteen days.

Retaliation for Reporting Harassment at Work

An employer who punishes an employee who reported sexual harassment in the workplace violates state and federal law and is liable for retaliation. Examples of retaliation include demotion, fewer working hours, segregation, or termination.

Obscene and Sexual Gestures a Work

We're not talking about the ubiquitous middle finger that says fuck you. Obscene and sexual gestures at work may include two fingers in a V shape, with a tongue in between. 

Quid Pro Quo Sexual Harassment

One of the most common types of sexual harassment is Quid pro quo sexual harassment, and it is one of the easiest to hide. All types of workplace sexual harassment are illegal.

Reporting Time Pay

Wages are what we mean when we use the term "reporting time pay." If employers do not pay all of this at the moment of an employee being terminated, there may be waiting time penalties involved.

Can I Sue My Employer For Not Paying Me Correctly?

Employees work hard and deserve to be paid correctly, and on time. It sucks when an employee works hard, and long hours only to be paid incorrectly while the boss is driving a Lambo or Benz.

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