what kind of lawyer do i need to sue a past employer

You need an attorney that primarily does workers compensation. There are many attorneys that do this as part of what they do, however I suggest you get someone that focuses on this area of the law exclusively since they know the other attorneys, the judges, the insurance company adjusters, and how the system works.

Full Answer

Do I need a lawyer to sue my employer?

If you are affected by an illegal act of your employer, you should consult an workplace lawyer. An experienced employment law attorney near you can discuss your options and represent you in court. Daniel Lebovic LegalMatch Legal Writer Original Author

How you can sue without hiring a lawyer?

employment law applies to disputes between an employer and an employee. If you have a workplace dispute or issue that can not be resolved by your employer, you might be able to file a lawsuit against the employer. An employee may be able to sue their employer. Claims against an employer admit : Sexual harassment: […]

What to expect if you sue your employer?

Feb 08, 2012 ·

How much does it cost to sue employer?

Is it worth suing your boss?

If you sue your employer, it won't be enough for you to prove that your employer made the wrong decision, or even that your employer was a no-goodnik. If you don't have a valid legal claim against your employer, then you will ultimately lose your case. One big reason to think twice before you sue.May 24, 2013

Can you sue for toxic work environment?

Yes, you can sue your employer for emotional distress caused by workplace harassment, discrimination, or a toxic work environment. What is emotional distress? Emotional distress is mental anguish caused by offensive, threatening, or demeaning behavior at work.

What can you sue an employer for?

You may choose to sue your employer for the following reasons:unfairly dismissed.discriminated against (for example, due to race, sex or religion)wrongfully dismissed.victim of harassment in the workplace.constructively dismissed.redundancy.stress-related illnesses.after an accident at work.

Can you sue your employer for emotional distress?

Suing an Employer for the Acts of its Employees An employer can be held legally responsible for an employee's actions when the conduct that caused the emotional distress is within the scope of the employee's job, or the employer consented to the conduct.Mar 20, 2019

What happens if you file a lawsuit?

If you’re filing a lawsuit, your goals are most likely to stop the behavior from happening and to get policies changed. You don’t want to continue to suffer or potentially watch another employee suffer. The sad truth is, that even if you get your compensation and win, there is a good chance that nothing will change.

Why do lawsuits fail?

One of the biggest reasons why these lawsuits fail is that the employee didn’t gather the proper amount of documentation to support their claim. If you’re being harassed in any way, you’ll want to record anything that is said or done to you. Create an accurate timeline of the events leading up to your lawsuit.

How to avoid going to court?

If you want to avoid your case going to court then the best way to do that is to talk to your supervisor or go to HR. If either of these parties refuses to offer a solution then you can start thinking about a lawsuit.

What is sexual harassment?

For example, if a co-worker or supervisor is discriminating against you based on the color of your skin or sexual orientation that’s discrimination. If someone is speaking to you or touching you in an inappropriate way, that’s sexual harassment.

Why do employees sue?

Businesses might complain that nothing is off limits, but the fact of the matter is that employees can sue because their employee rights have been violated.

When do you need a lawyer?

When you are certain that you have a reason to sue your employer , you need a lawyer who is readily available to you and knows the law backward and forward. Every employment issue has its own factors despite being similar to broader categories, and a lawyer spots the similarities and differences within your case.

What is defamation in employment?

Defamation only occurs when an untrue statement is made about an employee that results in the employee losing employment opportunities and potentially pay as well. Rude or mean remarks that do not affect the employee’s career in any way are not enough for a defamation lawsuit. 13. Violating the Law.

How to win an employment discrimination case?

To win an employment discrimination case, you must be able to prove four things. First, you must be part of the legally protected classes, and second, you must be able to perform your job well.

What is the Fair Labor Standards Act?

The Fair Labor Standards Act (FLSA) outlines the rules of which employees receive overtime pay and which employees do not. Determining which employees are eligible is difficult, and companies routinely get it wrong. This can be an expensive mistake.

Should all applicants be treated equally?

All applicants should be treated equally within the interview process. Women often report that they are subjected to interview questions that aim to find out if they have children or plan to have children. Individuals with obvious disabili ties might receive questions that focus on their disability rather than their ability to perform the job.

Why is medical leave a black hole?

The rules surrounding medical leave can seem like a black hole for managers and employers because it’s so easy to misstep and gain legal attention. The FMLA, ADA, and workers’ compensation protect employee rights to medical leave and reasonable accommodation.

What do I need to do if I was injured on the job?

If you were injured on the job, you need a workers' compensation attorney. If there is some other issue, such as wrongful termination, discrimination, etc., then you need to contact an employment law attorney.

Can I contact an attorney on Avvo?

A workman's comp attorney. Use the find a lawyer function on Avvo to locate one. We attorneys cannot contact you on Avvo and in fact cannot even see your contact information.