Every state has laws that govern disputes in the workplace. There are also many different federal statutes that grant employment rights to both workers and employers. Some common types of workplace lawsuits involve:
These types of workplace lawsuits can sometimes be filed as class action lawsuits. For instance, a company may have policies in their handbook that negatively affect large groups of workers. In such case, a class action suit may be necessary.
This will largely depend on the type of legal issue involved. For instance, for a wage and hour lawsuit, the legal remedy may involve a monetary damages award to reimburse the worker for the wages they were denied. Or in a harassment claim, the remedy may involve a damages award, as well as consequences for the offending party (such as removing them from their position).
Alternatively, a court may file an injunction that requires the employer to take certain steps in order to remedy a violation. An example of this is where an employer is required to adjust their employee handbooks in order to raise awareness of harassment or discrimination in the workplace.
In many cases, it is not possible to file a lawsuit directly after a violation has been discovered. For example, with most discrimination violations, you will need to file a claim with a state or federal employment agency, such as the Equal Employment Opportunity Commission (EEOC). The agency will then conduct an investigation into your claim and prescribe a possible remedy or solution for your problem.
You may be able to file a lawsuit only if the remedy provided by the agency is not sufficient to meet your need. In some cases, it may be possible to obtain a letter allowing you file a private lawsuit even before a government investigation is completed.
Workplace lawsuits can often involve some very complicated legal issues. It’s in your best interests to hire a qualified employment attorney in your area if you need to file workplace lawsuit. Your attorney will be able to provide you with the guidance and legal advice needed to succeed on your claim.