What Are the Top Reasons to Sue Your Employer?
Are you having problems at work and you’re wanting more information about employment laws? These are the top reasons to sue your employer, which may help you with your own legal needs.
Learn all the details here now.
Introduction
There is no such thing as the perfect workplace. While you may enjoy what you do, you will always encounter ups and downs – no matter where you work, what industry you are in, or what your position is. Then again, whether you like your job or not, there is a good chance that, if you are currently employed, you’d like to keep your job – especially today as we see a resurgence in the coronavirus pandemic.
Now and then, though, something happens in the workplace – something that takes the normal ebb and flow of your employment to a new level. And, not a good one. When an incident takes place at work that negatively impacts your life, it can affect your current and future employment as well as cause you to be unable to care for or provide for your family.
This is when you need to take a look at whether or not you have reason to sue your employer.
Believe it or not, employers get sued by current and past employees more than you think. Let’s take a look at some of the top reasons this happens.
1. Defamation or Blacklisting
This most commonly occurs after one leaves a job and the prior employer falsifies work history and such. In other words, an individual may consider filing a suit if he or she is having a difficult time securing new employment and has proof that the prior employer may be sharing negative false information during reference checks.
2. Lack of Accommodations
There are laws (such as FEHA, ADA, and FMLA in California) that are put in place for employers to follow when it comes to things like disabilities, medical conditions, appropriate accommodations, and even training. Though, many of these employers may either not understand the law – especially what constitutes medical condition or disability or may choose to overlook it. In either case, the employee has rights that are being violated.
3. On-the-Job Injury
Some jobs are riskier than others. However, any job can be the location of an injury. Most employers have worker’s compensation to help cover the cost of these injuries. Of course, the employer is required to maintain a safe and healthy working environment. When injuries occur at the place of business, whether due to accident or neglect, it is common for a legal case to take place.
4. Harassment at the Workplace
Some people make jokes or make comments about others. Sometimes these jokes and comments can be found offensive. And when they are made on an ongoing basis, you end up with a harassment situation. Employees have a right to go to a workplace that is free from this offensive, hostile behavior. If the situation is not handled appropriately by management, a lawsuit may be filed.
5. Sexual Harassment
Just like jokes or comments may be inappropriate and insulting, sexual harassment can be equally as so. This type of behavior includes unwelcome sexual advances from either a co-worker or member of management.
Employees are often fearful when this sexual harassment comes from supervisors, managers, the boss, owner, etc. because coming forward could put one’s job in jeopardy. Others fear that denying unwanted advances could result in negative workplace situations. There is never room for sexual harassment in the workplace.
6. Discipline Without Just Cause
If you get demoted or lose pay or even lose your job, you shouldn’t be surprised. You should have an idea of the incident that caused it and should have expected some recourse.
Upon the issuance of the discipline, your employer should be able to specifically state why it is occurring so that you understand. Everything should be documented, and everyone should have a clear understanding of why the action is taking place. When this doesn’t happen, allegations and speculation happen, leaving one to feel as though the discipline occurred without just cause. These cases vary greater based on each set of circumstances.
7. Temporal Proximity
Timing is everything sometimes – especially when it comes to determining whether a case should be filed against an employer. In this instance, when red flags appear, it is worth looking into. Here’s what we mean.
Let’s say a manager has been behaving inappropriately by discriminating against and singling out one employee – and that employee goes above that manager to complain. Then, shortly thereafter, the employee gets fired. This sends red flags.
Was it because of the complaint? Was an excuse made up so the employee could be fired? This is more common than you may think.
8. Asking Personal Health Questions
This is one that has come up since the coronavirus pandemic has started. Employers have been navigating unchartered waters – and have been trying to find ways to keep their businesses afloat.
In doing so, though, they are bringing risk to the employees. Some have asked which employees have an underlying medical condition that may make them more susceptible to COVID. While it may or may not be out of genuine concern, this is a big no-no.
The Equal Employment Opportunity Commission (EEOC) states that it is solely up to employees whether they want to disclose this information. They cannot be kept from their position if choosing not to.
9. Compensation for Working from Home
Again, during this pandemic, many people have found themselves working from home. When it comes to getting compensated for work, nothing changes – if you do the work, you are entitled to be paid.
10. Required Breaks
In California, employers are required to get breaks for meals and periods of rest. It varies based on your specific classification, but for non-exempt employees, a 30-minute meal break is required for every 5 hours worked. And, for every 4 hours, there is a 10-minute break. Employers are not required to pay employees for this break time nor are they required to monitor it strictly.
Conclusion
These are only a select few of the many reasons to sue your employer. If you think you have been unfairly treated or that your rights have been violated by your employer, be sure to find a good attorney who can help you feel protected.
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