what type of lawyer do i need to sue my former employer

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.

Can I sue my ex employer for emotional distress?

If you are a victim of negligently inflicted emotional distress, you can bring a claim against your employer or coworker(s) to demonstrate evidence that they were negligent. You will also have to prove that you suffered emotional distress as a result of their negligence.

What is the average settlement amount for a hostile workplace?

According to EEOC data, the average out-of-court settlement for employment discrimination claims is about $40,000. Studies of verdicts have shown that about 10% of wrongful termination cases result in a verdict of $1 million or more.

How much can you sue for emotional distress?

Emotional distress can often qualify for both special and general damages. Because of this, pain and suffering compensation usually amounts to 2 to 5 times the total costs of medical bills (therapies, medications, etc.) and lost wages from missed work. This amount can vary significantly on a case-by-case basis.

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 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 to do if you are fired from a job?

Consider making a claim with the Ministry of Labour 2. Consider reasons for and against suing in court 3. Get legal advice . If you left your job or got fired, you might have a claim against your employer. And you might have the option of suing your employer in court.

Can you sue an employer in Ontario?

Choosing court or the Ministry of Labour. If you're trying to get that an employer owes you, you can't sue in court and make an employment standards claim to the Ontario Ministry of Labour. You have to choose one or the other. Some of the differences are: It's important to get legal advice before you decide what to do.

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 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 ...

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.

Can an employer fire you for being mistreated?

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

Can an employer fire you for seeking help against unethical practices?

An employer can’t legally fire you for seeking help against unethical or illegal practices. While there are many different laws protecting employees, it’s important you understand your rights and what to do if they are jeopardized.

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.

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.

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.

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.

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 happens if a client is litigated on a contingency fee basis?

They will have gone into great debt to pay legal costs; even if their case was litigated on a contingency fee basis, they will have had to pay a costly retainer, costs of mediations, investigations, depositions and travel expenses.

Can an effective manager prevent a lawsuit?

Rare is the lawsuit that an effective manager can’t prevent by acting with integrity in the first place, and rare is the lawsuit that an effective employee can’t prevent, by knowing when the management is just no good and it’s best to walk away. Calling all HuffPost superfans!

Can an employer recover without a legal remedy?

But sometimes an employer goes so far, bre aches so many laws and causes so much damage that a worker cannot possibly recover without a legal reme dy. And if that happens, the worker must be prepared.

How to sue your employer for wrongful termination?

The primary steps that must be taken to sue your employer for wrongful termination are: Determine if you are an “employee” under the law. Review your employment agreement to see if you are an at-will employee or have a different contractual agreement. Obtain your employment file (i.e. personnel file and payroll records)

Why is an at will employee unlawful?

The primary reasons for an unlawful termination under California and federal law would be if an employee was fired as a result of being part of any of the following protected classes: Race.

What is the best way to prove wrongful termination?

Once you have determined that you have a valid claim for wrongful termination, you should begin to gather together all of the documents and records that can provide support to your claims. This is known as “evidence.” You will have to provide ample proof of your wrongful termination. This can be a difficult task in a discrimination or retaliation case because there is not always a perfect paper trail.

How long does it take to respond to a lawsuit?

Study the response from your former employer. Your former employe is the “defendant” in the lawsuit. The defendant must file a response to the lawsuit within 30 days of service of process. In most cases, they will deny most or all of your allegations.

What happens if the court doesn't dismiss your case?

If the court doesn’t dismiss your case, it goes to the next phase which is the discovery phase. This will include interviews taken under oath, written questions and requests for documents. You are also likely to be called in for a deposition by your former employer’s attorney.

How long does it take to get a case settled?

The discovery process is quite lengthy. It can take several months or even several years in some cases. If the case remains unsettled, eventually you will have to work with your attorney in preparation for trial. In order to prevail in a trial, you have to present evidence and gather witnesses.

Do you need to provide evidence when filing a lawsuit?

You do not need to provide evidence when filing this complaint, but the complaint should have an accurate description of your reasons for your termination in the form of “causes of action.”. Once the lawsuit complaint is filed, it must be served on your former employer, or the attorney who is representing them.