what kind of lawyer to sue employer

Full Answer

Do I need a lawyer to sue my employer?

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. Consult a lawyer today.

How you can sue without hiring a lawyer?

• You also can send in your documents and file your initial papers by email. ...
• You'll have to pay a filing fee of $400 to initiate your lawsuit in federal court.
• If you can't afford the filing fee, you can file a form asking the court to waive the fees in your case. ...

What are the top reasons to sue your employer?

The Top 5 Reasons Why Employees Sue Their Boss

1. People sue because they feel they were treated like garbage Have you ever heard this company platitude – “ People are our most valuable asset? ...
2. People sue because they were fired after engaging in protected activity Most people don’t know the law, but they do know when something seems fishy. ...
3. People sue because their manager was allowed to behave badly I’ve sued lots of “good” companies that are owned by “good” people that are full of “good” human resource ...

More items...

What to expect if you sue your employer?

• Sex or Gender
• Race or Color
• Religion
• National Origin
• Disability
• Pregnancy
• Age (over 40, according to federal law, although some states offer protections for workers younger than age 40)
• Genetic Information

Is suing your employer worth it?

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.

How do you win a lawsuit against a company?

If it doesn't though, here are the steps you'll need to take.Talk it Out. ... Review Your Contract. ... Document Everything. ... Determine Your Claim. ... Come Up with a Resolution. ... Get Familiar With Any Laws Surrounding Your Claim. ... Find A Lawyer. ... The Employer isn't Afraid of a Lawsuit.More items...•

What are reasons an employee can sue an employer?

There are many reasons an employee may feel they have the right to pursue legal action against their employer.Illegal Termination. ... Deducting Pay. ... Personal Injuries. ... Employee Discrimination. ... Sexual and Workplace Harassment. ... Retaliation. ... Defamation.

When can you sue your employer?

If your boss retaliates against you for exercising your legal rights or helping another person exercise their legal rights, then you can sue your employer. Retaliation includes harassment, demotion, excessive schedule changes, and firing.

Can you sue your employer for emotional distress?

You can claim for the emotional distress the discrimination has caused you - this is called 'injury to feelings'. You'll need to say how the discrimination made you feel. Ask your family, friends, colleagues, medical professionals or support workers if they'll be witnesses to how the discrimination affected you.

Can I take my employer to court?

Can you take your employer to court? As an employee, you have clear legal rights which you can enforce in the courts if you cannot resolve a dispute directly with your employer.

What are good reasons to sue?

Top 6 Reasons to SueFor Monetary Compensation. You can litigate against an entity who has committed some negligent action through which you suffer an injury. ... For Protecting Your Property. ... For Replacing a Trustee. ... For Getting a Divorce. ... For Enforcing the Terms of a Contract. ... For Discrimination and Harassment.

What is it called when you are treated unfairly at work?

What is unfair treatment? Treating someone in your staff unfairly because of who they are is discrimination. It can lead to them feeling upset, shamed, and even scared.

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.

What to do if your supervisor is harassing you?

You decide to talk to your supervisor about it. They promise to get the situation resolved but weeks go by with no results and the harassment is getting worse. So, you talk to HR about it. Still nothing improves. You may have a case to sue your employer for not taking the action that they promised.

What happens if your employer doesn't pay you what they promised?

If your employer doesn’t pay you what they promised, that falls under a wage dispute. Use the evidence that you’ve gathered to help you decide what category your case falls under.

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.

Can a lawsuit be terminated before it goes to court?

They may try to terminate you before your lawsuit goes to court. This is usually against the law but if they’ve had to deal with cases like yours in the past, chances are they will know a legal way around it.

Heather A Lottmann

You will need to speak to an attorney in the St. Louis area, if I read your locale correctly. There are many fine STL workers' compensation attorneys who are on AVVO or are part of the Missouri Association of Trial Attorneys. Your best bet is to run an AVVO search or simply run a Google search.

John Richard Boyd

Employment Law, Workmen's Compensation. Depends a little on the situation...

Stacey Lynn Schlimmer

You need a workers compensation attorney, and you can find one through this site, by clicking the "Find a Lawyer" tab at the top of this page and then searching for a workers compensation attorney in your city and state.

Gilbert Earl Fisher

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.

John M Connell

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.

How to start a lawsuit against your employer?

Starting a Lawsuit Against Your Employer. If you believe you have a case against your employer, there are a few crucial steps you should take to ensure the process goes smoothly. If you’ve been discriminated against, harassed, wrongfully terminated or injured on the job, reach out to an attorney to see if you have a case.

What does the law offer when you have done all you can do to protect yourself against improper workplace situations?

When you’ve done all you can do to protect yourself against improper workplace situations, the law can offer job protection and fair compensation for your suffering.

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 ...

Why do you need to talk to an attorney?

Talking with an attorney first, especially through a free consultation, allows you to understand whether a lawsuit would be justified. If a lawyer lets you know early on that you don’t have a case, you don’t need to waste time and energy collecting evidence or trying to negotiate with your employer.

Can an employee sue an employer for a worker's compensation claim?

Employees can sue their employer if they were injured on the job and the employer does not have a workers’ compensation plan or the plan inadequately covers the financial burden.

Can you sue for sexual harassment?

The most frequently talked about form of harassment in a workplace is sexual harassment, although there are other kinds. Harassment does not need to come from the employer for you to sue. If a coworker, client or supervisor harasses you and your employer doesn’t address the issue , a lawsuit may change those workplace dynamics.

Does workers compensation cover workplace injuries?

While we often think of workplace injuries only happening in dangerous jobs, they can happen anywhere. In most cases, workers’ compensation covers workplace injuries.

Why do I want to sue a company?

There are many reasons why you might want to sue a company. If you were injured by a product they made, you need an lawyer who handles product liability claims. If you were hurt at work, you need a workers’ compensation attorney. If they violated your rights as an employee, you need to contact an attorney who handles employment discrimination. If you were hurt in their property, you need an attorney who handles personal injury/premesis liability. If you contact me or post a follow up to your question, I would be happy to help you narrow down the kind of lawyer you need.

What are you alleging this company did to you?

What are you alleging this company did to you? Did you suffer damages for which you have tangible proof? Or did someone at the company merely hurt your feelings? Or were your feelings hurt because this company terminated your employment? Look for a attorney who handles civil cases. Be prepared for him or her to decline to work with you if they determine your allegation is either frivolous or not provable.

Do you need a lawyer to win a small claims case?

If it's a small claims court case- file away. But if it's a case worth taking to court, then the assumption should be it's a case worth winning. And if it's a case worth winning….then you need a lawyer to win it.

Is the principle in litigation the same?

Actually the principle in the litigation is almost same but the law used differs .

Can you sue the government if you haven't been declared a vexatious litigant?

In the US, if you haven't been declared a vexatious litigant, you may sue anyone (except the government) you please. The government can only be sued where it has waived immunity by statute.

What is the best reason to sue your employer?

12. Defamation . Although this is a good reason to sue your employer, you need to be sure that you understand what true defamation is. 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.

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 happens when an employer mismanages a personal injury?

However, when an employer mismanages a personal injury situation, legal action can be a natural repercussion. Employees have a right to a safe workplace, and when it can be proved that the employer was negligent in some way, employees have a case. 8. Employment Discrimination. Discrimination is a buzzword in society.

What is retaliation for a complaint?

A repercussion of an employee pursuing his or her legal rights by filing a complaint internally or with a federal or state agency is sometimes retaliation by the employer.

What happens if you refuse a sexual harassment advance?

When an employee deals with sexual harassment from a boss, manager, or supervisor, they also face the very real chance of losing their job or suffering negative employment action when refusing the advances. File a complaint with your human resources department or notify a neutral supervisor about the situation.

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.

Should all employees be aware of the discipline policy?

All employees should be aware of the discipline policy and every employee should face the same discipline for specific behavior.

What to do when you hire an attorney?

When you hire an attorney, you do so with trust and confidence. Most attorneys are upstanding and do a good job for their clients. Unfortunately, there are also some bad eggs out there. If your attorney has done something wrong, you may want to consider suing a lawyer for malpractice.

How to win a lawsuit against an attorney for malpractice?

To win when you sue an attorney for malpractice, you need to show that: The attorney was supposed to do something. He or she didn't do it (or did it wrong) This resulted in a financial loss to you (losing the case or losing money)

What are the types of malpractice?

Types of Attorney Malpractice 1 Negligence. To sue lawyer for negligence, you need to be able to prove the attorney didn't use the proper care in your case and missed a deadline, filed the wrong papers, didn't comply with court orders, or made other errors that were not intentional but were sloppy. Negligence happens when the attorney makes mistakes that other attorneys normally would not. 2 Breach of duty. This kind of malpractice happens when the lawyer violates his or her responsibilities to you by settling the case without your approval, not preparing the case for trial, lying to you, abandoning your case, misusing funds you provided for court costs, or misusing funds owed to you (such as a settlement amount). The attorney has not done what other attorneys would do in this type of case. 3 Breach of contract. This occurs when an attorney fails to do something he or she agreed to in your contract, such as filing your deed or patent. If the lawyer promised to do something he or she was contractually obligated to do and didn't do it, you have grounds for breach of contract.

What is breach of duty in a lawyer?

Breach of duty. This kind of malpractice happens when the lawyer violates his or her responsibilities to you by settling the case without your approval, not preparing the case for trial, lying to you, abandoning your case, misusing funds you provided for court costs, or misusing funds owed to you (such as a settlement amount). The attorney has not done what other attorneys would do in this type of case.

What happens if an attorney violates the law?

If the attorney violated proper ethics, you can file a grievance with the ethics committee of the state bar association, which ensures all attorneys are in good standing to renew their licenses. The attorney could be disbarred or directed to pay you compensation.

What is a breach of contract?

Breach of contract. This occurs when an attorney fails to do something he or she agreed to in your contract, such as filing your deed or patent. If the lawyer promised to do something he or she was contractually obligated to do and didn't do it, you have grounds for breach of contract.

Can an attorney be disbarred?

The attorney could be disbarred or directed to pay you compensation. If you are disputing a fee with your lawyer, the state also likely has a fee dispute committee that can help you obtain an out-of-court resolution. You can hire another attorney to complete or fix your case and obtain the outcome you need.