what type of lawyer would i get to sue a former employer

You need a business litigation attorney versed in the causes of action alleged against you. The attorney should also have a good understanding of employment issues. Because you have been sued, you will not likely find a contingency attorney, even though you have some possible claims against the plaintiff.

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Do I need a lawyer to sue my employer?

Aug 24, 2012 · You need a business litigation attorney versed in the causes of action alleged against you. The attorney should also have a good understanding of employment issues. Because you have been sued, you will not likely find a contingency attorney, even though you have some possible claims against the plaintiff.

How you can sue without hiring a lawyer?

What are the top reasons to sue your employer?

What to expect if you sue your employer?

What type of lawyer do I need to sue the company I work for? Assuming you want to sue them for something relating to your working conditions, you would want a plaintiff’s employment attorney. Look for attorneys who say they represent employees.

What to do if you are affected by an illegal act of your 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.

What is employment law?

Employment law applies to disputes between an employer and an employee. If you have a workplace dispute or issue that cannot be resolved by your employer, you might be able to file a lawsuit against the employer.

What is breach of contract?

Breach of Employment Contract: If an employee has a contract of employment with the employer, and the employer breaches the contract, the employee may file a lawsuit. Examples of breaches of conduct include an employer’s failure to pay the employee the amount agreed to in the contract, or withholding some other benefit provided in the contract.

What is the second type of harassment?

The second kind of harassment, known as quid pro quo sexual harassment , occurs when a higher-ranking employee requires or demands that a lower-ranking employee perform sexual favors or submit to sexual demands, as a condition of keeping their job or job benefits. Discrimination Violating Title VII of the Civil Right Act of 1964 ...

What is the Equal Pay Act?

Discrimination Violating the Equal Pay Act: The Equal Pay Act protects against gender discrimination. This federal law requires employers to pay employees equal pay for equal work, regardless of their gender.

Can an employer fire an employee for workers compensation?

In addition, an employer may not fire or otherwise retaliate against an employee for filing a workers compensation claim. Unlawful retaliation for Whistleblowing: A “whistleblower” is an employee who reports unethical or illegal conduct by their employer.

Is it illegal to fire someone for FMLA?

This means that when the employee is finished taking the leave, they must be restored to their existing or equivalent position. It is illegal to fire an employee for taking FMLA leave. It is also illegal to interfere with an employee’s FMLA right to leave.

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.

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.

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.

What is the goal of 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.

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.

Is right to work a non-compete agreement?

First, “right to work” has nothing to do with non-compete agreements. In a right-to-work state, a person cannot be denied employment because of membership or non-membership in a labor union. Second, taking legal advice from someone who does not practice in this area of law is risky.

Can a job transition lead to litigation?

Job transitions often lead to litigation with a former employer. Executives must be aware of the most common claims that employers bring against departing employees. The last thing you want to explain during your first week on a new job is that you’ve been sued by your former employer.

Can you take a job interview while still employed in Texas?

Under Texas law, employees may take certain limited preparatory actions (i.e. look for other job opportunities, interview with other companies, etc.) while still employed. Such actions, however, should be done off the clock and not using company resources. Using a company email address allows your employer to read all your job search emails. Avoid using company computers to access personal email as well since that activity can lead a digital footprint on company devices. It should go without saying that travel expenses for interviews shouldn’t be charged to the company but I’ve seen it happen. That’s not a fun exhibit to have to explain to a jury.

Can a non-compete be enforced in Texas?

Third, non-compete agreements can be enforced in Texas if they meet the statutory requirements. Ten years ago, it was relatively easy to avoid enforcement of a non-compete. In recent years, however, Texas courts have reviewed non-compete agreements more favorably.

Can you be sued for keeping a company computer?

Keeping a company computer WILL get you sued . Most employment agreements require employees to return company property immediately, or within a few days, upon separation. Do it. It’s the law. Causes of action for retaining company property and records include misappropriation, conversion, and theft. 9.

Can you sue for breach of contract?

If employees have a “no raid” provision that prohibits solicitation of co-workers to terminate employment, the employer may sue for breach of contract. In addition, you may draw a tort claim for tortious interference with a contract by knowingly inducing an employee to breach his contract with the company.

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 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.

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.

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.