You should know about the grounds to sue your employer in case something bad happens. Employees have the right to take legal action against employers for unfair treatment or discrimination. It’s crucial for organizations to understand and comply with these laws, and it’s equally important for workers to assert their rights in these situations.
Employees may be justified in initiating legal action if employers infringe upon their rights. Additionally, there was a 50% increase in the number of lawsuits filed by the U.S. Equal Employment Opportunity Commission (EEOC) from 2022 to 2023.
Initiating a discrimination claim or lawsuit against an employer involves a lengthy process. Typically, the EEOC takes around 180 days to investigate a claim, after which plaintiffs are given a 90-day window to file a lawsuit.
Considering taking legal action against your employer? Begin charting your path with the following key steps!
Getting wrongfully terminated
In states that recognize at-will employment, employment can be terminated at any time for any reason. However, there are circumstances under which an employer’s termination of an employee could be deemed illegal. For instance, an employee might have a legitimate case for a lawsuit if they are dismissed under any of the following conditions:
– Dismissed for alleged poor performance without any evidence.
– Laid off despite having a verbal or written employment agreement.
– Furloughed soon after lodging a complaint or participating in an investigation against colleagues.
– Terminated without adherence to the company’s established termination procedures by supervisors.
Colorado is an at-will employment state, which means employers and employees have broad discretion in terminating or ending employment relationships. However, even in at-will states, illegal termination may still occur if the dismissal violates state or federal laws. For example, if an employer dismisses an employee in retaliation for whistleblowing or for discriminatory reasons, the termination could be challenged.
To successfully pursue a wrongful termination lawsuit, an employee needs substantial evidence. This evidence could consist of an employee handbook, written employment contracts, or records of a verbal promise that contradict the grounds for termination.
Pay deduction
The Fair Labor Standards Act (FLSA) safeguards employees against unjust wage deductions, establishing norms for overtime compensation, youth employment, and record-keeping. Consequently, any pay deduction made without a valid reason or prior notification could serve as a basis for legal action against an employer.
Federal law mandates that most employees be paid at least the federal minimum wage, which stands at $7.25 per hour. Employees are entitled to receive their wages for the time they are present and actively working at their place of employment.
Employers are obligated to maintain precise records of the hours worked by employees and the wages paid to them. Additionally, a poster detailing the provisions of the Fair Labor Standards Act (FLSA) must be displayed prominently within the workplace.
If you believe you have been subjected to an unjust pay deduction, it’s advisable to consult with an expert in employment law. An attorney specializing in this field can assess your situation and guide you through the necessary steps to pursue legal action.
Retaliate against an employee
Employers are prohibited from retaliating against employees who file a claim or take legal action. Examples of retaliation include significant changes to your schedule or the imposition of unrealistic job duties, which could lead to demotion or termination without valid reason. Such actions are considered unlawful retaliation.
Injured at work
Typically, employees who experience a personal injury at work are entitled to seek legal compensation. This often involves claiming reimbursement for medical expenses and lost wages through the employer’s worker’s compensation insurance. However, suing your employer might be necessary under certain circumstances, such as:
– Your employer mishandles the worker’s compensation claim.
– Your employer lacks sufficient insurance coverage.
– The insurance policy fails to offer adequate financial support for your situation.
Demonstrating that your employer has been negligent or inadequate in their duties necessitates gathering substantial evidence. This might include presenting photographs of workplace hazards or soliciting testimonies from co-workers to support your case.
Discrimination at work
Initiating a lawsuit against an employer for workplace discrimination is a significant step. The responsibility lies with you to demonstrate that you were subject to bias unrelated to job performance. Moreover, you need to establish that you performed your duties competently and that you are a member of a legally protected class.
Additionally, you must show that the discriminatory act occurred specifically because you belong to a protected class. For instance, you may have grounds for a lawsuit if you were singled out due to your gender.
Workplace harassment
Workplace harassment encompasses a wide range of behaviors, including but not limited to a supervisor making offensive comments or engaging in inappropriate actions. Typically, these incidents are characterized by some form of discrimination and definitely grounds to sue your employer.
While the concept of sexual harassment in the workplace often conjures images of a manager making unwelcome sexual advances, it’s important to recognize that such behavior can occur at all levels of an organization and take various forms. Employees should not have to endure a hostile work environment that leaves them feeling uncomfortable or afraid to speak out.
Defamation in the workplace
Defamation can significantly impact employment law disputes, arising when an individual makes a false and harmful statement about another person. For instance, consider a situation where your employer accuses you of misconduct without evidence and subsequently reduces your salary.
While rude or blunt remarks may be unsettling, they typically do not provide sufficient grounds to sue your employer. For legal action to be considered, there needs to be a clear link between what was said and negative impacts on your employment situation, such as your job status or wages.
Talk to a local lawyer today!
Deciding to sue an employer requires weighing the legal and financial implications. Nonetheless, the balance may lean towards litigation when there’s a violation of your rights. Instances of discrimination, wrongful termination, workplace injuries, and similar grievances could warrant filing a civil lawsuit.