what type of lawyer do i need to sue an 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 ...

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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

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.

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...•

How much does it cost to sue a company?

Small claims actions cost considerably less and often involve little more than a small filing fee and another fee to serve documents on the opposing side. Typically in a civil lawsuit, it can cost $1,500-$5,000 to initiate an action and have a lawyer deliver a Statement of Claim.

Can I take legal action against my employer?

On the grounds of such unpaid wages, discrimination and oral abuse legal action can be brought against the employers.

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.

Why do you sue your employer?

Reasons to Sue Your Employer. When you believe your employment rights have been violated, you can sue an employer. You should know that there are laws in place to protect you from retaliation, discrimination, and other violations. There are a variety of illegal practices that could be reasons for employees to sue their employers, ...

Can you sue an employer for a violation of your employment rights?

When you believe your employment rights have been violated, you can sue an employer. You should know that there are laws in place to protect you from retaliation, discrimination, and other violations. There are a variety of illegal practices that could be reasons for employees to sue their employers, but here are some of the most common ones:

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 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.

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.

Is an employer afraid of a lawsuit?

The Employer isn’t Afraid of a Lawsuit. Your lawsuit is most likely not the only one that your employer has had to deal with. If this is the case, then going through with your lawsuit may backfire on you because your employer will be prepared to handle it.

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.

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 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 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.

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.

Can an employer force an employee to lie?

Sometimes employers force employees to unknowingly or knowingly violate federal or state law. Employees who recognize that they are being pressured into lying on the behalf of their employer could become liable as well for the illegal behavior. Job security should never be based on illegal activity.

Is discrimination a buzzword?

Discrimination is a buzzword in society. In the last few years, employment law has better defined what actions and protected classes are secured from discrimination. While obvious discrimination is easy to recognize and respond to, subtle discrimination can also be ground for a complaint.

What is the first step in contract law?

The most important first step you can take in any contract law claim is to consult with a lawyer. The best way to find the right type of lawyer, regardless of the exact facts associated with your case, is to contact a legal referral service.

What is breach of contract?

A breach of contract occurs when the contractor fails to hold up their end of the bargain. For example, a home reno contractor might miss a deadline, fail to deliver a completed product, or even display incompetence in providing a service.

Is contract fraud common?

Fraud is far more common in contract law than you might think. Contractors don’t have to engage in outright scams or con artist tricks to be accused. In fact, the exact definition of contract fraud is surprisingly broad, and might include:

Is stealing an item from a client's home a chargeable offense?

These commonalities are mostly a result of the fact that there are only so many ways to violate a contract. Other transgressions, such as stealing an item from a client’s home, might be a chargeable offense as well as grounds for a civil suit. Still, others may constitute a crime, but not necessarily justify a lawsuit.