Why and How to Sue Your Employer
You’ve found a new job that you liked. However, one of your co-workers or your supervisor is making it difficult for you. You filed an HR complaint but it fell on deaf ears. You now have legal grounds for suing your employer because of negligence – just one of the many reasons for suing an employer.
In this article, we will go through the different reasons and steps to sue your employer. We will also provide you with a hassle-free method of filing a lawsuit with DoNotPay.
Reasons to Sue Your Employer
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:
|Inappropriate interview questions||An HR professional asking an applicant for an airline attendant position whether she is married and planning to have kids.|
|Unfair disciplinary actions||One employee is punished more harshly than his/her fellow employees who committed the same mistake, which is not compliant with disciplinary measures laid out in the company handbook.|
|Wrongful termination||An insurance company employee was illegally dismissed from work for whistleblowing.|
|Refusing to provide medical leave||An employee’s request for medical leave was rejected by the HR department.|
|Misclassification as an exempt employee||An employee was unlawfully classified as an exempt employee resulting in him/her missing out on overtime pay.|
|Docking pay||An employee’s pay is being docked so it falls below minimum wage, or the employee is being asked to work overtime and waive overtime pay.|
|Mishandling of personal injury||The injury occurred because of the employer’s negligence and failure to provide a safe working environment.|
|Employment discrimination||An employee who is part of a legally protected class is being treated differently, ostracized, or paid unequally.|
|Harassment||An employer or manager constantly displays unwelcome sexual attention or advances towards an employee.|
How to Sue Your Employer (And Win)?
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:
- 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.
- Gather a substantial amount of documentation to serve as evidence. Record everything that has been said to you or emails that have been sent to you. Also, speak to co-workers who may be willing to provide witness testimonies.
- Cite the legal grounds that you are suing for. 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.
- 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.
- Study the appropriate court where to file your claim. Depending on the dollar amount of damages, you may sue in a regular court or in a small claims court where there is no need for a lawyer. Also, be familiar with federal and state laws that encompass your claim.
Can You Sue an Employer for Emotional Distress?
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:
- Negligent infliction of emotional distress – You may sue your employer if he/she has been negligent or willfully violated statutory obligations and you suffered emotional distress as a result. For example, an industrial plant worker was at risk of exhaustion because the employer failed to hire more workers to take over the shift.
- Intentional infliction of emotional distress – The cause of distress is outrageous behavior that is intentional and reckless. For example, an employee who suffered sexual abuse from the employer may file for emotional distress.
How to Sue Your Employer with DoNotPay?
Regardless of the reason why you are suing your employer, there are some considerations you need to take. The first is that filing a lawsuit involves a lot of red tapes and requires you to fill up several forms. Let DoNotPay do the work for you! We are the world’s first lawyer and we can help you file a lawsuit in a breeze. Our track record of successfully suing companies involve big names such as:
With DoNotPay, all you have to do is:
- 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 applicable details, including photo proof
That’s it! DoNotPay will then generate a demand letter or court filing forms for you. We’ll also mail a copy of your demand letter to your employer!