what kind of lawyer do i need 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.

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Do I need a lawyer to sue my employer?

Do I Need a Lawyer for Help with a Workplace Dispute? 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 …

How you can sue without hiring a lawyer?

Feb 08, 2012 ·

What to expect if you sue your employer?

How much does it cost to sue employer?

Sep 26, 2019 · Chances are your employer will have an experienced lawyer on their side. You should have one too. Filing a lawsuit against a company can be a complicated and long process. It helps to have someone on your side who knows the ins and outs of these types of cases. It will also be really hard to win your case if you try to represent yourself.

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.

What happens if you are wrongfully terminated?

Wrongful termination happens when an employer lets an employee go for a reason unrelated to their performance or the state of the company. Wrongful termination may happen if the manager is looking to retaliate against the employer or as an act of discrimination. While wrongful termination can be difficult ...

Who is Sarah Landrum?

About Sarah Landrum. Sarah Landrum is a freelance writer and Digital Marketing Specialist. She is also the founder of Punched Clocks, a site dedicated to sharing advice on navigating the work world.

Is it illegal to discriminate against an employee?

Under the Civil Rights Act and the American Disabilities Act, it is illegal for an employer to discriminate against an employee or applicant based on race, gender, sex, ethnicity, religion or disability. If an employer discriminates against you, this could be a situation where suing your employer is warranted.

Can you sue someone for a workplace injury?

In most cases, workers’ compensation covers workplace injuries. However, there are situations where an employee could sue an employer over a workplace injury not covered under workers’ compensation.

Can an employer fire you for being mistreated?

An employer can’t legally fire you for seeking help against unethical or illegal practices.

Can I sue my employer for harassment?

If you ’ve experienced harassment, discrimination, wrongful termination or a workplace injury, your only recourse may be legal action or suing your employer. But filing a lawsuit against your employer can be complicated. Before you begin filing anything, consider the commitment and expectations that come with suing someone.

What to do if your employer doesn't take your complaint seriously?

If your employer doesn't seem to be taking your complaint seriously, or you are demoted or fired, consider whether to take legal action. In making this decision, you'll need to take a close look at your motives, your evidence, and your willingness to spend the time and money that legal action requires .

How to protect yourself from a job?

2. Document the Problem. In addition to talking things through with your employer, protect yourself by documenting the problem. Take notes of key conversations and events, including the time, date, and names of others who were present.

What are the rights of a person who is not discriminated against?

Depending on the size of your employer, the state where you work, and your profession, you may be entitled to certain legal protections in the workplace, including: the right not to be discriminated against because of your race, national origin, skin color, gender, pregnancy, religion, disability, genetic information, or age (and, in some places, ...

How to assert your rights?

Here are several steps you can take to assert your legal rights. 1. Talk to Your Employer. In many cases, your first step should be talking to your employer. An intelligent discussion can resolve most problems or, at least, get your differences out on the table.

What is the right to a safe workplace?

the right to a workplace free of harassment. the right to be paid for hours worked: to be paid at least the minimum wage, plus an overtime premium for any hours worked over forty in one week (or, in some places, over eight hours in one day) the right to a safe workplace.

Do lawsuits cost money?

Lawsuits also cost money. If your case is strong, you may find a lawyer willing to take it on a contingency basis, in which the lawyer's fees come out of the money you win. Even so, you will probably have to pay the costs of bringing the claim along the way, which can be substantial.

What does an employment lawyer do?

An employment lawyer can also give you an assessment of your likelihood of prevailing in any of the above options, and the cost for undertaking each of them. You and your lawyer will discuss what you might recover in damages and the attorney fees you may have to pay to pursue those damages.

What happens if you don't get paid for your work?

If your employer has not paid you fully for your work, you may be entitled to penalties and, in some states, attorney's fees, in addition to payment of wages owed.

How many hours can you work overtime?

premium overtime pay for hours worked over the legal straight-hour maximum (over 40 hours in a workweek under federal law; over 8 hours in a workday under some state laws), or . for travel time during the workday that is related to work (and, in some states, certain travel to and from work).

Can an employee sue an employer for unpaid wages?

When an employer violates wage and hour laws, an employee often can sue the employer. But, in many situations, the employee may have other options. For example, in some states, you can file a claim for unpaid wages against your employer with the state labor department, which will then hold a hearing to issue a finding on the claim.

Can you claim unpaid wages?

Wage Claims. You may have a claim for unpaid wages if your employer has failed to pay you: minimum wage. for break time provided by law (or has not allowed you to take required breaks) for "off-the-clock" work. for time you need to put on or take off safety or other work-related gear or uniforms.