How to Sue Your Employer
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Why You Should Sue Your Employer
There are multiple legal claims that exist that allow a current or former employee to sue their employer. Some of these workplace dispute claims include:
- Discrimination – Your employer fires you or refuses to promote you or hire you based on your race, age, gender, national original, religion or physical disability.
- Sexual harassment – Your employer verbally or physically harasses you in a sexual manner.
- Personal injury – You are injured on the job.
- Medicare/Medicaid fraud – Your employer is defrauding Medicare or Medicaid by over-billing the program. You can act as a whistleblower and sue the company for this fraudulent activity.
- Wage issues – Your employer fails to pay you or refuses to pay you overtime.
- Assault & battery – Your employer or another employee hit or threatened to hit you.
- Defamation – Verbal abuse from your employer or another employee has crossed the line and they begin to spread lies about you, resulting in harm such as an inability to do your job or get another job.
How You Can Sue Your Employer
- Determine what kind of claim you have.
- Determine what kind of resolution or damages you are seeking.
- Gather evidence and information, and document everything that happens. For instance, if you are being sexually harassed, document every comment and action. This creates a record of abuse.
- Try talking with your supervisor or HR. Report your issue and see if the employer can offer a resolution.
- If the employer is unable or unwilling to resolve your issue, decide whether you want to sue. Filing a lawsuit is a big decision that should not be taken lightly. However, it may be your only means to justice and a resolution.
- Familiarize yourself with the laws surrounding your claim(s). There may be applicable state and federal laws. Check out Legalmatch’s Law Library for an overview of various workplace claims.
- If you have decided to sue, determine which court you should file your claim in. If you are pursuing a discrimination claim, it may be best to file in federal court under federal discrimination laws. In addition, state laws may have different elements of proof than federal laws, as well as a different statute of limitations. You can choose which laws to file under and which courthouse to file in based on what appears more favorable for your case.
- Find an employment law lawyer, and share your story, all of the information you have gathered, any potential witnesses, and what you are looking to get out of the case.
Do I Need a Lawyer to Sue My Employer?
Employment law is a very confusing area of law. Depending on your claim, there may be a whole host of different requirements that you must follow before you can even file a lawsuit, such as reporting a discrimination claim to the EEOC or engaging in mediation with your employer. An employment lawyer can help you navigate the laws, discuss your claims, negotiate a successful settlement with your employer, or advocate for your rights at trial.
Consult a Lawyer - Present Your Case Now!
Last Modified: 05-04-2015 08:29 AM PDT
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