what type of attorney to use to sue my 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.

Full Answer

Do I need a lawyer to sue my employer?

An employee may be able to sue their employer under certain circumstances. Claims against an employer might involve the following areas of the law: Sexual harassment: The law recognizes two types of sexual harassment that occur in workplaces. The first is what is called “ hostile work environment sexual harassment .”.

What to expect if you sue your employer?

Aug 31, 2010 ·

How long do I have to sue a former employer?

Can I Sue/take legal action against my employer?

Jun 10, 2015 · 6 attorney answers. If you were injured on the job, you need a workers' compensation attorney. If there is some other issue, such as wrongful termination, discrimination, etc., then you need to contact an employment law attorney. The information you obtain at this site is not, nor is it intended to be, legal advice.

What do I need to do if I was injured on the job?

If you were injured on the job, you need a workers' compensation attorney. If there is some other issue, such as wrongful termination, discrimination, etc., then you need to contact an employment law attorney.

Can I contact an attorney on Avvo?

A workman's comp attorney. Use the find a lawyer function on Avvo to locate one. We attorneys cannot contact you on Avvo and in fact cannot even see your contact information.

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 ...

Who is Sarah Landrum?

About Sarah Landrum. Sarah Landrum is a freelance writer and Digital Marketing Specialist. She is also the founder of Punched Clocks, a site dedicated to sharing advice on navigating the work world.

Is it illegal to discriminate against an employee?

Under the Civil Rights Act and the American Disabilities Act, it is illegal for an employer to discriminate against an employee or applicant based on race, gender, sex, ethnicity, religion or disability. If an employer discriminates against you, this could be a situation where suing your employer is warranted.

Can you sue someone for a workplace injury?

In most cases, workers’ compensation covers workplace injuries. However, there are situations where an employee could sue an employer over a workplace injury not covered under workers’ compensation.

Can an employer fire you for being mistreated?

An employer can’t legally fire you for seeking help against unethical or illegal practices.

Can I sue my employer for harassment?

If you ’ve experienced harassment, discrimination, wrongful termination or a workplace injury, your only recourse may be legal action or suing your employer. But filing a lawsuit against your employer can be complicated. Before you begin filing anything, consider the commitment and expectations that come with suing someone.

Why do employees sue?

Businesses might complain that nothing is off limits, but the fact of the matter is that employees can sue because their employee rights have been violated.

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 is defamation in employment?

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. Rude or mean remarks that do not affect the employee’s career in any way are not enough for a defamation lawsuit. 13. Violating the Law.

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.

What is the Fair Labor Standards Act?

The Fair Labor Standards Act (FLSA) outlines the rules of which employees receive overtime pay and which employees do not. Determining which employees are eligible is difficult, and companies routinely get it wrong. This can be an expensive mistake.

Should all applicants be treated equally?

All applicants should be treated equally within the interview process. Women often report that they are subjected to interview questions that aim to find out if they have children or plan to have children. Individuals with obvious disabili ties might receive questions that focus on their disability rather than their ability to perform the job.

Why is medical leave a black hole?

The rules surrounding medical leave can seem like a black hole for managers and employers because it’s so easy to misstep and gain legal attention. The FMLA, ADA, and workers’ compensation protect employee rights to medical leave and reasonable accommodation.

What happens if you file 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. The sad truth is, that even if you get your compensation and win, there is a good chance that nothing will change.

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.

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.

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.

What is workplace harassment?

When workers are subjected to slurs, assaults, threats, ridicule, offensive jokes, unwelcome sexual advances, or verbal or physical conduct of a sexual nature, it can be considered workplace harassment. Similar to workplace discrimination, workplace harassment creates a hostile and abusive work environment.

What is defamation in the workplace?

Defamation is generally defined as the act of damaging the reputation of a person through slanderous (spoken) or libelous (written) comments. When defamation occurs in the workplace, it has the potential to harm team morale, create alienation, or even cause long-term damage to a worker’s career prospects.

What happens if you are fired without cause?

If you believe you may have been fired without proper cause, our labor and employment attorneys may be able to help you recover back pay, unpaid wages, and other forms of compensation.

What are some examples of misclassifications?

Some examples of misclassifications include: Misclassifying a worker as an independent contractor to not have to comply with Equal Employment Opportunity Commission laws, which prevent employment discrimination.

What is wrongful termination?

This is termed wrongful termination, wrongful discharge, or wrongful dismissal. There are many scenarios that may be grounds for a wrongful termination lawsuit, including: Firing an employee out of retaliation. Discrimination.

Do independent contractors have to file taxes?

Independent contractors are not entitled to employee benefits, and must file and withhold their own taxes, as well. However, in recent years, some employers have abused classification by misclassifying bonafide employees as contractors in an attempt to save money and circumvent laws.

What is the minimum wage in 2020?

The Fair Labor Standards Act (FLSA) established certain workers’ rights, including the right to a minimum wage (set federally at $7.25 as of 2020) and overtime pay for all hours worked over 40 in a workweek for non-exempt employees.

How to find an employment attorney?

Only a qualified employment attorney can offer tailored legal information and assess the strength of your case. To find an employment attorney, you can search for one online, by typing “employment lawyer” and then your state into a search engine.#N#You can also search through online phone directories, such as Yellow Pages, Yellow Book, or Switchboard.#N#Visit your state’s bar association website or call them and ask for a referral. State bar associations keep referral lists which can be searched by area of legal specialty.

What to do after filing a lawsuit?

Perform discovery. After filing a lawsuit, each side is able to request documents in the possession or control of the other party. They may also ask that witness answer questions, either in writing or in an oral deposition. If you don't already have copies of your employee handbook or personnel file, then you can request them now.

What to do if you are unhappy with your supervisor?

Contact the appropriate department. If you are unhappy with the resolution ultimately offered by your supervisor, then contact the name of the individual or department that your supervisor directed you to.

Who is Clinton Sandvick?

Sandvick, JD, PhD. Clinton M. Sandvick worked as a civil litigator in California for over 7 years. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013. This article has been viewed 177,415 times.

Can you be fired for refusing to perform an illegal act?

For example, your employer cannot fire you for an illegal reason, such as gender or racial discrimination, or in retaliation for you exercising a legal right. You may also not be fired for refusing to perform an illegal act.

How to resolve a grievance with a supervisor?

2. Meet informally with your supervisor. Some businesses require that employees meet with their supervisor informally to discuss any grievance. Informal meetings allow the parties to exchange ideas and possibly reach a resolution to the dispute.

What happens if you win a lawsuit?

Whether you win or lose, you may lose your good reputation . During lengthy employment law litigation, you may discover that no one is interested in either granting you an interview or in hiring you. Even if you do win the lawsuit, the amount awarded may not be large enough to tide you over until you can find a new job.

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.

Who fired Rebekah Jones?

The administration of Florida Gov. Ron DeSantis (R) recently fired Rebekah Jones, who was either the genius behind, or the data-input clerk for, the state's coronavirus dashboard. News reports say that Ms. Jones is still employed by the state and has until next week to accept or reject a separation agreement. Ms.

What is the Bermuda Triangle?

Ten years ago or so, every employment lawyer and his sister was calling the interaction between workers' compensation, the Family and Medical Leave Act, and the Americans with Disabilities Act "the Bermuda Triangle." The idea was that trying to keep all of these laws in mind while dealing with injured employees caused employers to become disoriented, without a compass, and lost. I've never been crazy about that metaphor, although I've been guilty of using it. I never heard of an employer who ...

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 the Equal Employment Opportunity Commission still issuing right to sue letters?

The Equal Employment Opportunity Commission announced this week that it had resumed issuing "right-to-sue" letters. Issuance of the letters, which give charging parties 90 days to file lawsuits under the federal anti-discrimination laws, had been on hold since March 21 as a result of the coronavirus shutdowns. The suspension meant that people filing charges of discrimination couldn't sue their employers (that's good), but it also meant they have now had quite a bit of extra time to find lawyers and file ...