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.
There are many reasons an employee may feel they have the right to pursue legal action against their employer.Illegal Termination. ... Deducting Pay. ... Personal Injuries. ... Employee Discrimination. ... Sexual and Workplace Harassment. ... Retaliation. ... Defamation.
Only 2% of EEOC charges result in action. While a company may want to take the risk to represent itself in front of the EEOC, that 2% risk may lead to a substantial penalty and money judgment that can bankrupt a company.
To win a lawsuit against your employer, you need to have a strong case, which means a clear claim, plenty of documented evidence and statements from witnesses, and a highly-experienced employment lawyer on your side.
It may be possible for you to sue for emotional distress, depending on your situation. The main factor that will mean you can make a claim is whether someone's negligence caused the harm you first suffered. This could be because you were hurt in an accident that was someone else's fault.
According to EEOC data, the average out-of-court settlement for employment discrimination claims is about $40,000. Studies of verdicts have shown that about 10% of wrongful termination cases result in a verdict of $1 million or more.
If EEOC determines there is reasonable cause to believe discrimination has occurred, both parties will be issued a Letter of Determination stating that there is reason to believe that discrimination occurred and inviting the parties to join the agency in seeking to resolve the charge through an informal process known ...
Generally, you must allow the EEOC 180 days to resolve your charge. Although, in some cases, the EEOC may agree to issue a Notice of Right to Sue before the 180 days.