Last Updated on Mar 23, 2020 by James W
When your employee rights are violated in the workplace, then one solution is to seek legal redress. However, it is not an easy path to tread if the offender is your employer. More often than not, suing your employer feels like you are about to bite the hand that feeds you. That is why you should be aware of the instances when there are strong reasons to file a lawsuit against your employer.
When to file a lawsuit against your employer
Wrongful termination
The reasons why your employer can fire you range from perpetually being late for work to failing to represent the best interests of the organization. However, there are times when the employer will choose to exercise his or her authority by firing you for no solid reason or explanation. In such a case of illegal termination or rather, when the employer cancels your contract without proper reasons for this, you can file a legal suit!
Remember, any proper organization usually has clearly outlined steps of dismissing an employee if the need arises. It’s against the law if these steps are not followed.
Employment discrimination
The employment laws protect all employees against any form of discrimination. The discrimination you are likely to face at your workplace could be based on things like sexual orientation, gender, skin color, or even religious beliefs, etc. You have a right to file a lawsuit if your employer is showing any form of these discriminations to you.
However, to win the discrimination case, you should be able to prove several things. First, you should show that the employment law where you are protects you against the form of discernment that you have faced. You should also have concrete evidence that you are facing discrimination in the workplace.
Work-related Injury
As an employee, you are entitled to a safe working environment. In the event of an on-the-job injury, your employer is liable and should ensure that they facilitate the processing of your workers’ compensation benefits. For example, you might be driving a company vehicle running errands, and you get in an accident. In that case, you deserve compensation for the injuries sustained and the damages incurred.
That said, your employer may want to argue against your claim of the accident in the workplace or in the line of duty. Of course, most employers and their insurers don’t want to part with huge compensations without fighting them. In this regard, you should get a lawyer if you have had an auto accident in the line of duty, and your employer is disputing it. You should get legal counsel from a competent car accident lawyer that has a track record defending employees in the realm of workplace-related auto accidents. That way, you will get the necessary guidance on how to file a lawsuit, how to collect and preserve evidence, mistakes to avoid, and the legal representation to help you fight for compensation.
Workplace harassment
Harassments at the workplace manifest in different forms. The harassment could be a rude joke or unwarranted sexual advances. Usually, harassment at the workplace creates a hostile working environment that threatens your peace of mind, and it’s likely to affect your productivity negatively. That is why you should take measures to have it addressed.
The harassment may come from a co-worker, a client, or even a supervisor and not necessarily the employer. However, your employer has to address it satisfactorily. In other words, you have the right to file a lawsuit against the employer for not taking action on your complaints about workplace harassment.
Employer retaliation
The law in most businesses gives you the right to file a complaint against your employer or your offender internally, for consideration and necessary action. More often than not, the employer may find it challenging to deal with the embarrassment, and the responsibility that they may be required to bear after such a complaint is filed against them. As a result, the employer may resort to retaliating against your quest for justice.
The employer retaliation may be in the form of demotion, harassment, or even unprecedented schedule changes that do not favor you. The beauty is that employment laws protect you from any retaliation. Therefore, you can sue your employer for any retaliatory decision made against you.
Defamation
Any sort of defamation from an employer will significantly affect your career. It may result in you losing the job or having your pay reduced, plus it can affect your reputation. If your employer defamed you in a manner that has the potential to damage your career or life, then you are allowed to take appropriate legal action against them.
Final remarks:
As an employee, you have every right to a safe and conducive working environment. In some cases, you might have issues at work that any sort of internal resolutions procedures can’t help. This may affect you at a personal level, plus it can also affect your future. When you feel that your employee rights have been severely violated, then it is still essential to seek legal redress to have matters settled amicably.
