If you wish to sue your contractor, such as for a breach of contract, you should consult with an area contract attorney. An experienced and local real estate lawyer can inform you of your legal rights and options according to your state’s specific laws regarding the matter.
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In your initial consultation with your attorney, the attorney will help you to assess whether or not you have a solid case against your employer. An experienced employment law attorney will understand all of the applicable federal, state, and local laws, so they’ll understand which laws were violated when you were wrongfully terminated, and they’ll be able to advise on the best …
If you are involved in an employment dispute or face an adverse action by your employer, an employment lawyer can help. Employment lawyers protect the rights of employees and determine violations of federal and state anti-discrimination and harassment laws, and employment agreements. Use FindLaw to hire a local employment lawyer near you who ...
Labor Code § 227.3. Penalty for delay: If an employer willfully fails to pay wages due to an employee who quits or is terminated, the employee’s wages continue as a penalty until paid, for up to 30 days. You may also be entitled to interest on unpaid wages, attorney’s fees, and costs of pursuing a lawsuit. California law makes it unlawful ...
· To get you started, we have compiled summaries of some of the most common types of claims employers have against employees. 6 Reasons An Employer Can Sue An Employee hide. 1 Breach of Fiduciary Duty. 2 Breach of Employment Agreement. 3 Defamation. 4 Violating a Nondisclosure or Nonsolicitation Agreement.
Although most states default to at-will employment, there are some situations in which the employer and employee enter into an agreement to govern...
Sometimes, unfair treatment at work can be a direct result of your decision to report illegal or unethical conduct by your employer. In that situat...
Not all unfair treatment at work is grounds for a lawsuit. Legal claims typically arise when the unfair treatment you’ve suffered violates a specif...
One of the biggest reasons why these lawsuits fail is that the employee didn’t gather the proper amount of documentation to support their claim. If you’re being harassed in any way, you’ll want to record anything that is said or done to you. Create an accurate timeline of the events leading up to your lawsuit.
If your employer doesn’t pay you what they promised, that falls under a wage dispute. Use the evidence that you’ve gathered to help you decide what category your case falls under.
You decide to talk to your supervisor about it. They promise to get the situation resolved but weeks go by with no results and the harassment is getting worse. So, you talk to HR about it. Still nothing improves. You may have a case to sue your employer for not taking the action that they promised.
If you’re filing a lawsuit, your goals are most likely to stop the behavior from happening and to get policies changed. You don’t want to continue to suffer or potentially watch another employee suffer.
If you want to avoid your case going to court then the best way to do that is to talk to your supervisor or go to HR. If either of these parties refuses to offer a solution then you can start thinking about a lawsuit.
For example, if a co-worker or supervisor is discriminating against you based on the color of your skin or sexual orientation that’s discrimination. If someone is speaking to you or touching you in an inappropriate way, that’s sexual harassment.
They may try to terminate you before your lawsuit goes to court. This is usually against the law but if they’ve had to deal with cases like yours in the past, chances are they will know a legal way around it.
Before you file a civil suit against your employer for wrongful termination, you’ll need to file a formal complaint with the appropriate government agency. As you pursue your civil lawsuit, these agencies will launch an investigation of their own to enforce the applicable employment laws.
You can file a complaint here on their website within 180 days of the date you were terminated. An EEOC representative will schedule an interview with you in their nearest local office, and you’ll have the opportunity to present your case to them. If the agent believes your employer is guilty of discrimination or retaliation, the EEOC will launch a formal investigation. The EEOC has the ability to seek civil penalties for illegal activity, and they can pursue litigation if necessary.
You’ll need to file the complaint within 30 days of the alleged reprisal.
The employee was terminated for asking coworkers about their salary, if the employee was attempting to uncover unequal or discriminatory pay in good faith ( Equal Pay Act)
In the state of Arizona, the attorney general’s office handles complaints of discrimination, retaliation, and wrongful termination. You can file a complaint with the Civil Rights Division on the website. As with the EEOC and the OSHA, the Civil Rights Division can launch an investigation and seek penalties for wrongdoing.
For a case to be considered wrongful termination, the employer must have broken state, federal, or local employment laws when they fired the employee. The primary consideration is the employer’s or manager’s mindset and answering the question of why they fired the employee. It’s considered wrongful termination if one or more of the following applies:
Every case is different, but you can generally expect that your lawyer will gather important documents and hold depositions with key personnel. Your attorney may depose the manager who fired you, other supervisors who have stewardship over the firing manager, human resources personnel, and possibly some of your coworkers. You have the right to proceed to a trial if it’s in your best interests, but most wrongful termination lawsuits reach a settlement agreement outside of court.
If an employer does not comply with the terms of the contract, for example by paying you less than required under the contract, you could have a breach of contract claim against your employer. Likewise, if you have an employment contract that specifically limits the reasons your employer can fire you, and your employer fires you for some reason not ...
Employees in the United State also have some protections when it comes to their pay. The federal Fair Labor Standards Act establishes a minimum wage for covered workers in the United States. Some states, like New York, have established an even higher minimum wage. These laws also typically establish rules for overtime pay, requiring greater pay for overtime hours. Federal law and many state laws also require equal pay for equal work between men and women. Employers must compensate female and male employees equally where they are equally skilled and work in the same position. If you are not getting paid the basic wage required under the law, you can have a claim against your employer.
One of the most common areas of the law protecting employees from unfair treatment at work is in the area of employment discrimination. Federal and many state and local laws make it illegal for employers to discriminate against their employees on the basis of certain protected characteristics.
Breach of Employment Contract. Although most states default to at-will employment, there are some situations in which the employer and employee enter into an agreement to govern the terms of their employment relationship, including the terms under which the employee may be fired. These are often used with executive level employees and, ...
Sometimes, unfair treatment at work can be a direct result of your decision to report illegal or unethical conduct by your employer. In that situation, your employer is retaliating against you, which can have the effect of discouraging you and other employees from stepping forward.
Not all unfair treatment at work is grounds for a lawsuit. Legal claims typically arise when the unfair treatment you’ve suffered violates a specific law, like federal and state discrimination and wage laws, or specific contract terms. If you have been treated unfairly at work and believe you may have a legal claim, contact Eisenberg & Baum. We have a group of very experienced employment discrimination attorneys who are ready to help you understand your claim and advise you of your rights under the law. Though we’re based in New York City, we have attorneys licensed in many states throughout the country and we can also become admitted pro hac vice with local counsel in other states where we are not currently admitted, so we likely can help no matter where you are. In discrimination and retaliation cases, we offer free initial consultations and bill on a contingent fee basis, so you won’t have to pay us unless we win or settle your case.
This means that an employee can generally be terminated from their job for any reason or no reason at all. Exceptions to this rule exist where specifically recognized under the law, such as where the termination violates an employment contract or a specific state or federal statute. While you may believe you have been fired from your job unreasonably or unfairly, unless your employer breached an employment contract or violated a specific law, you likely don’t have a legal claim.
If an employer retaliates against you for exercising your rights, you may have an additional claim for whistleblower retaliation. If your employer is in breach of an agreement or you are owed unpaid wages, we urge you to contact an employment law attorney.
If your employer is in breach of an agreement or you are owed unpaid wages, we urge you to contact an employment law attorney. California requires you to act quickly by imposing strict deadlines for pursuing an action for relief. Failure to abide by these deadlines will result in forfeiture of viable claims.
Penalty for delay: If an employer willfully fails to pay wages due to an employee who quits or is terminated, the employee’s wages continue as a penalty until paid, for up to 30 days. You may also be entitled to interest on unpaid wages, attorney’s fees, and costs of pursuing a lawsuit.
When the employee resigns, the employer must pay all compensation due and owing within 72 hours of resignation, or on the employee’s last day of work, if the employee gives more than 72 hours’ notice of resignation. Labor Code § 202.
Your entitlement to wages may also be governed by a written contract. Many individuals who perform as full-time employees are deliberately misclassified as independent contractors and thereby wrongfully exempted from overtime pay and other benefits. There are many types of other unfair compensation practices.
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Simply because an employer pays you a salary instead of an hourly wage may not preclude you from collecting overtime pay. Only employees who fall into administrative, executive, and professional exemptions are barred from overtime pay.
If an employee breaches a material term of their employment contract, you can sue them for any damages. For example, a contract might require an employee to give two weeks notice before quitting. If the employee then left without notice and you lost revenue as a result, you could pursue a claim against them.
Breach of Fiduciary Duty. Employees are agents of the company they work for. As such, they owe their employer duties of loyalty and care. In other words, they are expected to act in the best interests of their employer and not do anything that would be contrary to those interests.
To ensure this, many companies ask workers to sign nondisclosure agreements. Depending on the type of work the employee does, they may also be subject to nonsolicitation or noncompete agreements. If an employee harms you by violating any of these agreements, you can sue them for damages.
While you can likely fire an employee for badmouthing your business, you can sue them for defamation only if you can show that what they said was untrue.
Failing to use reasonable care to fulfill work duties ; In the case of salespeople, failing to present the employer’s product in the way they have directed; Keeping material information from the employer; and. Disclosing confidential information or trade secrets.
If you can also prove that the person put the property to some use of their own, then you can recover additional damages with a statutory conversion claim. Under the Michigan conversion statute, you could get three times the amount of your actual damages, plus costs and attorney fees. This might occur if the employee stole the furniture and sold it or put it in their own home office.
If you have an employee who steals or damages company property, you may have a civil cause of action against them for conversion. This would be in addition to any criminal penalties they may incur. In Michigan, you can pursue a conversion claim under either common law or statute.
An attorney that focuses on employment law will know the specific laws in your jurisdiction and review your situation. They can explain your case's strengths and weaknesses, the potential relief available to you, and the likely outcome of your case.
Being an at-will employee means you do not have specific guidelines for when your job can end in your employment contract. Employees are presumed to be at-will in all states except for Montana. This allows your employer to fire you or change the job role, working conditions, or terms of employment at almost any time.
How you relied on the false promises. The amount of damages you suffered (that can be calculated, like losing a certain amount of money or moving your family across the country) The false promises must be intentional, which can be hard to prove. Often employers say they made a mistake or a misstatement, and without a record of the conversation, ...
False promises from an employer or recruiter are statements that the company and staff cannot follow through with. But to the employee or prospective employee, they sound like a done deal.
Damages are the money you lost by acting on the promise, such as taking a new job or staying in your current position. If an employer claims you'll make $100,000 more by switching jobs, but they limit your sales territory in the new role, you could sue for the amount of money you lost.
Yes, you can sue your employer for false promises. Misleading statements can land an employer in court for negligent misrepresentation, fraudulent inducement, or other legal issues. You do not always need an employment contract to prove false promises. Sometimes, spoken statements, recruiting tactics, emails, meetings, ...
You can make a legal claim for "fraudulent inducement of employment" if the employer has defrauded you into staying at a job or taking a new job or position. As long as the change is based on the employer's false statements, you have a claim.
If an employee takes these opportunities that belong to their employer away, the employer may have a case against them These types of cases where an employer sues an employee typically rest on intentional interference with contractual relations or intentional interference with advantageous business relationships.
However, if two or more employees leave an employer to work for a competitor all of a sudden, it may be that one of the employees persuaded or solicited co-workers to terminate their employment and move as a group to the new company. Oftentimes, an employer will have a “no raid” clause in the employment contract, which prohibits any type of solicitation of other co-workers to terminate their employment and move to another competing employer. If this type of action is discovered, an employer may have legal grounds to sue the employee responsible for the sudden exodus of employees under breach of contract.
Violating Non-Compete Clauses. As an employer, you may have established legally binding clauses in your employment contracts that prevent an employee after termination of employment from working in a particular field or area of business, for a specified period of time, within a specified geographic area.
Employees have a duty to their employer to act solely in the best interest of the company. This common-law duty exists whether or not there is any kind of employment contract.
Breach of Fiduciary Duty. Employees owe a fiduciary duty to their employer while they still are employed to act in the best interest of their employer, and with a duty of loyalty.
If a higher-level employee leaves a company with no notice, they can be leaving the company in a devastating situation as they attempt to locate a suitable replacement. The laws regarding failure to provide reasonable notice of resignation vary widely from state to state. Some states, like California, do not require that an employee give any amount of reasonable notice of resignation. Other states will allow an employer to sue an employee that left without reasonable notice even if no revenue was lost. The courts’ decisions land different in every state, so it is important to seek legal counsel regarding the ability of an employer to sue an employee for failure to provide reasonable notice of resignation in your state.
Even in states where non-compete clauses are unenforceable, non-solicitation agreements are generally allowed. This agreement will prohibit an employee from soliciting and taking customers from their current employer to obtain the contract in a new job or as an independent contractor after they leave employment.