how to find an attorney sue employer

Do I need a lawyer to sue my employer?

Apr 22, 2020 · Speak to your employer to see if the issue can be resolved. Talk to the human resources department or another responsible person that handles these issues. Speak to an attorney to see if there are other ways of resolving the issue. Make Sure to Document Everything

What should I do if I'm being sued by a company?

How to Sue Your Employer with DoNotPay? Log in to DoNotPay and select the Sue Now Product. Enter the dollar amount you are owed. Select whether you want a demand letter or court filing forms. Describe the reason for the lawsuit and submit any …

How do I know if I have a case against my employer?

Aug 20, 2018 · I’m only listing including attorneys in southeastern PA and NJ. If you need a lawyer in Walla Walla, Washington, I can’t help you. Most importantly, I genuinely like everyone on this list. They are all great lawyers and great people too. My Top 10. (In alphabetical order by law firm.)

Is it worth it to sue my employer?

Prove Your Misclassification Claim. When raising a misclassification claim suing an employer, one must prove their claim. The court will consider the following factors: Degree of skill for work. The employee’s appearance. The employee’s freedom to work at other establishments. The employee’s performance. The set rate of wages.

What to do if you are affected by an illegal act of your employer?

If you are affected by an illegal act of your employer, you should consult an workplace lawyer. An experienced employment law attorney near you can discuss your options and represent you in court.

What is employment law?

Employment law applies to disputes between an employer and an employee. If you have a workplace dispute or issue that cannot be resolved by your employer, you might be able to file a lawsuit against the employer.

What is breach of contract?

Breach of Employment Contract: If an employee has a contract of employment with the employer, and the employer breaches the contract, the employee may file a lawsuit. Examples of breaches of conduct include an employer’s failure to pay the employee the amount agreed to in the contract, or withholding some other benefit provided in the contract.

What is the Equal Pay Act?

Discrimination Violating the Equal Pay Act: The Equal Pay Act protects against gender discrimination. This federal law requires employers to pay employees equal pay for equal work, regardless of their gender.

Can an employer fire an employee for workers compensation?

In addition, an employer may not fire or otherwise retaliate against an employee for filing a workers compensation claim. Unlawful retaliation for Whistleblowing: A “whistleblower” is an employee who reports unethical or illegal conduct by their employer.

Is it illegal to interfere with FMLA?

It is also illegal to interfere with an employee’s FMLA right to leave. Discrimination Violating the Equal Pay Act: The Equal Pay Act protects against gender discrimination. This federal law requires employers to pay employees equal pay for equal work, regardless of their gender.

Can an employee sue their employer?

An employee may be able to sue their employer. Claims against an employer include: Sexual harassment: There are two types of workplace sexual harassment. The first is known as hostile work environment sexual harassment. This kind of sexual harassment occurs when a person engages in unwanted and offensive conduct that affects ...

What to do when you are suing for damages?

Be specific as to how you want your issue resolved. If you are suing for damages, state the compensation that you would like to recover in monetary terms.

What are some examples of legal grounds for suing?

For example, treating you differently because of your skin color is discrimination, speaking lewd comments about you is sexual harassment, or not paying you overtime is a wage dispute.

Can you sue your employer for a violation of the law?

If you’ve been experiencing any of the above violations and have failed to resolve them internally with HR, then you may have the legal ground to sue your employer. The most challenging part of suing your employer is proving they did something illegal. Nonetheless, here are a few pointers to help you prepare for a successful claim:

Can you sue an employer for a violation of your employment rights?

When you believe your employment rights have been violated, you can sue an employer. You should know that there are laws in place to protect you from retaliation, discrimination, and other violations. There are a variety of illegal practices that could be reasons for employees to sue their employers, but here are some of the most common ones:

Do you have to file a grievance before filing a lawsuit?

Review your contract and your employee handbook before you file a lawsuit. Some circumstances may require that you file a grievance procedure and yours could be one.

Can you sue an employer for mental illness?

You are probably wondering if it would be possible to sue an employer for injuries that do not physically manifest. The answer is yes — if your mental anguish is a direct result of negligent or intentional acts, then you can sue for personal injury damages. Emotional distress is a complicated legal subject so it is important to understand what constitutes emotional distress in the eyes of the law. There are two types of emotional distress that you can claim as follows:

What to do if your supervisor is harassing you?

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.

What is the goal of a lawsuit?

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.

What happens if your employer doesn't pay you what they promised?

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.

How to avoid going to court?

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.

Why do lawsuits fail?

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.

What is sexual harassment?

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.

Can a lawsuit be terminated before it goes to court?

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.

What is a small claims lawsuit?

Small Claims Suits are lawsuits filed through Small Claims Court — a special division of the judicial system that intends to help parties who do not have personal attorneys resolve disputes quickly, in a budget-friendly manner.

Is small claims legal representation expensive?

This is an important question to ask — often, small claims with legal representation are expensive and have a greater cost than the payoff of winning a lawsuit.

Does DoNotPay have a lawsuit generator?

Unfortunately, self-guided small claims suits are often unsuccessful. As a solution to this issue, DoNotPay provides an automated lawsuit generator, with foolproof technology that makes suing concise. Explore the benefits of this innovative system below!

Does DoNotPay cover suing?

That’s all! With DoNotPay, the process of suing any company is covered in an instant! DoNotPay will generate a demand letter or court filing forms for you, and a copy of your demand letter will even be mailed to the business you are suing!

Does DoNotPay help people sue?

DoNotPay has a track record of helping people sue big corporations! Our process is simple and easy which makes it suitable if you prefer hassle-free suing in small claims court. Some of the companies include:

How to start a lawsuit against your employer?

Starting a Lawsuit Against Your Employer. If you believe you have a case against your employer, there are a few crucial steps you should take to ensure the process goes smoothly. If you’ve been discriminated against, harassed, wrongfully terminated or injured on the job, reach out to an attorney to see if you have a case.

Why do you need to talk to an attorney?

Talking with an attorney first, especially through a free consultation, allows you to understand whether a lawsuit would be justified. If a lawyer lets you know early on that you don’t have a case, you don’t need to waste time and energy collecting evidence or trying to negotiate with your employer.

What happens if you are wrongfully terminated?

Wrongful termination happens when an employer lets an employee go for a reason unrelated to their performance or the state of the company. Wrongful termination may happen if the manager is looking to retaliate against the employer or as an act of discrimination. While wrongful termination can be difficult ...

What does the law offer when you have done all you can do to protect yourself against improper workplace situations?

When you’ve done all you can do to protect yourself against improper workplace situations, the law can offer job protection and fair compensation for your suffering.

Can an employee sue an employer for a worker's compensation claim?

Employees can sue their employer if they were injured on the job and the employer does not have a workers’ compensation plan or the plan inadequately covers the financial burden.

Can you sue for sexual harassment?

The most frequently talked about form of harassment in a workplace is sexual harassment, although there are other kinds. Harassment does not need to come from the employer for you to sue. If a coworker, client or supervisor harasses you and your employer doesn’t address the issue , a lawsuit may change those workplace dynamics.

Does workers compensation cover workplace injuries?

While we often think of workplace injuries only happening in dangerous jobs, they can happen anywhere. In most cases, workers’ compensation covers workplace injuries.

What is the best reason to sue your employer?

12. Defamation . Although this is a good reason to sue your employer, you need to be sure that you understand what true defamation is. Defamation only occurs when an untrue statement is made about an employee that results in the employee losing employment opportunities and potentially pay as well.

How to win an employment discrimination case?

To win an employment discrimination case, you must be able to prove four things. First, you must be part of the legally protected classes, and second, you must be able to perform your job well.

What happens when an employer mismanages a personal injury?

However, when an employer mismanages a personal injury situation, legal action can be a natural repercussion. Employees have a right to a safe workplace, and when it can be proved that the employer was negligent in some way, employees have a case. 8. Employment Discrimination. Discrimination is a buzzword in society.

What is retaliation for a complaint?

A repercussion of an employee pursuing his or her legal rights by filing a complaint internally or with a federal or state agency is sometimes retaliation by the employer.

What happens if you refuse a sexual harassment advance?

When an employee deals with sexual harassment from a boss, manager, or supervisor, they also face the very real chance of losing their job or suffering negative employment action when refusing the advances. File a complaint with your human resources department or notify a neutral supervisor about the situation.

When do you need a lawyer?

When you are certain that you have a reason to sue your employer , you need a lawyer who is readily available to you and knows the law backward and forward. Every employment issue has its own factors despite being similar to broader categories, and a lawyer spots the similarities and differences within your case.

Should all employees be aware of the discipline policy?

All employees should be aware of the discipline policy and every employee should face the same discipline for specific behavior.

What happens if you sue your employer?

If you sue your employer, it won't be enough for you to prove that your employer made the wrong decision, or even that your employer was a no-goodnik. If you don't have a valid legal claim against your employer, then you will ultimately lose your case. One big reason to think twice before you sue. 2.

Why does my lawyer include a claim for emotional distress in my lawsuit?

4. You may be opening up your own life to scrutiny. This is another "painful" part. In order to get more money , and because you really were very upset when you were fired , your lawyer includes a claim for emotional distress in your lawsuit.

What to do if you have earned commissions that have not been paid?

If you have earned commissions that have not been paid, you should call your state Department of Labor. Thanks, Robin

What to do if you don't have an HR department?

They can give you guidance, and if they have to pursue your employer, they can sometimes do it in a non-adversarial way that won't cause any bad blood. Check with an authority in your state first, but I think if they were supposed to be making the payments by way of your payroll deductions and didn't do it, they may actually have to pay your claim out of their pockets. Thanks, and good luck to you. Robin

Is it hard to do well in a lawsuit?

The distraction and stress of a lawsuit may also make it more difficult for you to do well in your new job. And having to continually dwell on an unpleasant experience (as you'll have to do while your lawsuit lasts) is difficult and stressful.

Is a lawsuit stressful?

It is true that your lawsuit will be stressful and disruptive for your company. But it will be a lot more stressful and disruptive for you, who are not used to the court system or dealing with lawyers, and you don't even know whether it's a trap when the employer's lawyer says hello to you and offers to shake hands.

Is it legal to have a warm and fuzzy workplace?

There is no legal right to a warm and fuzzy workplace.